Agenda, regular meeting, second session — Highland City Council, February 22, 2022 (part 1 of 2)

CITY OF HIGHLAND

REGULAR MEETING OF THE

CITY COUNCIL
AGENDA

CITY COUNCIL MEMBERS
LARRY McCALLON, MAYOR

PENNY LILBURN, MAYOR PRO TEM

JESSE CHAVEZ, COUNCIL MEMBER

ANAELI SOLANO, COUNCIL MEMBER
JOHN P. TIMMER, COUNCIL MEMBER

REGULAR MEETING
February 22, 2022
6: 00 p. m.

City Hall
Donahue Council Chambers
27215 Base Line
Highland, California
STAFF
Joseph A. Hughes - City Manager
Chuck Dantuono - Director of Administrative Services/ City Treasurer Betty Hughes - City Clerk
Lawrence Mainez - Community Development Director
Carlos Zamano - Public Works Director/ City Engineer
Maricela Marroquin - City Attorney

MISSION STATEMENT
Highland is dedicated to the betterment of the individual, the family, the neighborhood and the community. The City Council and the staff of Highland are dedicated to providing the quality of public facilities and services that its citizens are willing to fund and will do so as efficiently as possible.

Visit the City' s Website at: www. cityofhiqhland. orq
CITY OF HIGHLAND • 27215 BASE LINE • HIGHLAND, CALIFORNIA 92346 • ( 909) 864- 6861 m • ( 909) 862- 3180 -1-
The City of Highland complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk' s Department at ( 909) 864- 6861, ext. 226, at least 72 hours prior to the meeting.

Pursuant to Government Code Section 54957.5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Highland to all or a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, 27215 Base Line, Highland, CA 92346, during normal business hours.

SPECIAL NOTICE REGARDING COVID- 19
This meeting is being held in person. Please be advised, facial coverings or masks are required to be worn in the Council Chambers for unvaccinated persons. If you do not have a facial covering or mask, one will be provided to you upon request.

Submission of Public Comments: To limit the number of persons in the Council Chambers, the public is encouraged to make public comments by email rather than in person. For those wishing to make public comments by email, please submit your comments by email to be read aloud at the meeting. Email comments must be submitted by 5: 00 p. m. on February 22, 2022, to the City Clerk at publiccomment( cityofhighland. org. If you are submitting a public comment pertaining to an item on the February 22, 2022 agenda, please identify the agenda item number in the subject line.

For those wishing to make a public comment regarding a public hearing item ( No. 1), please identify the agenda item in the subject line. Comments can be submitted any time prior to the meeting, as well as during the meeting up until the close of the public hearing on the corresponding item to be considered part of the record. Please email your comments to publiccomment( c cityofhighland. org. All email comments shall be subject to the same rules as would otherwise govern speaker comments at the Council meeting.

Members of the public will be permitted to make public comments in person.

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CITY COUNCIL REGULAR MEETING
FEBRUARY 22, 2022 - 6: 00 p. m.

AGENDA

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL
CITY COUNCIL PUBLIC HEARING — REDISTRICTING
The order of business for Public Hearings shall be:
1) Mayor opens Public Hearing;
2) Staff presentation;
3) Applicant/ Representative presentation;
4) Speakers in favor of proposal;
5) Speakers in opposition to proposal;
6) Applicant rebuttal;
7) Mayor closes Public Hearing;
8) Council discussion, motion and vote.

ONCE THE PUBLIC HEARING IS CLOSED NO FURTHER TESTIMONY IS TAKEN.

For those wishing to make a public comment regarding a public hearing item ( No. 1), please identify the agenda item in the subject line. Comments can be submitted any time prior to the meeting, as well as during the meeting up until the close of the public hearing on the corresponding item to be considered as part of the record. Please email your comments to publiccomment( a cityofhighland. org. The City Clerk shall read all email comments provided that the reading shall not exceed three ( 3) minutes because this is the time limit for speakers at a Council Meeting.

1. Redistricting Process
RECOMMENDATION: That the City Council:
1 Open and conduct a public hearing regarding redistricting;

2. Receive a report from National Demographics Corporation ( NDC), Consultant, on the redistricting process;

3. Review draft map( s);

4. Receive public input on district boundaries; and

5. Consider potential adoption of a resolution establishing Council Member district boundaries.

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REPORT FROM CLOSED SESSION

SPECIAL PRESENTATIONS

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
To address the City Council, please complete a speaker form located at the entrance and give it to the City Clerk prior to the beginning of the meeting. Your name will be called when it is your turn to speak. State Law prohibits the City Council from taking action on any item not on the agenda. Individual speakers are limited to three minutes each.

Comments received via email by February 22, 2022, 5: 00 p. m., will be read into the record, provided that the reading shall not exceed three ( 3) minutes. Email comments submitted by a speaker that also appears in person to address the same matter will not be read into the record.

CITY COUNCIL CONSENT CALENDAR

2. Waive the Reading of All Ordinances
RECOMMENDATION: Waive the reading of all Ordinances in their entirety and read by title only.

3. Minutes — February 8, 2022 City Council Special Meeting RECOMMENDATION: Approve the Minutes as submitted.

4. Minutes — February 8, 2022 City Council Regular Meeting RECOMMENDATION: Approve the Minutes as submitted.

5. Claim Consideration — Ophelia Adame
RECOMMENDATION: George Hills Company recommends Council reject claim.

6. Claim Consideration — Annamarie Hidalgo
RECOMMENDATION: George Hills Company recommends Council reject claim.
7 Claim Consideration — Wawanesa as Subrogee of Annamarie Hidalgo RECOMMENDATION: George Hills Company recommends Council reject claim.

8. Warrant Register
RECOMMENDATION: Approve Warrant Register No. 738 for February 22, 2022, in the amount of $1, 568, 398. 33 and Payroll of $ 104, 150.20.

9. Treasurer' s Report for January 2022
RECOMMENDATION: That the City Council receive and file Treasurer' s Report for January 2022.

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10. Resolution No. 2022- Implementing on July 1, 2022, a 5% Across -the - Board Adjustment for All Employees ( Except Interns)
RECOMMENDATION: That the City Council approve Resolution No. 2022- implementing on July 1, 2022, a 5% across-the-board adjustment for all employees ( except interns) and amending Section 2 of Resolution No. 2021- 020.

11. San Bernardino County Municipal Separate Storm Sewer System — National Pollution Discharge Elimination System ( NPDES) Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees RECOMMENDATION: That the City Council authorize the Mayor to execute the San Bernardino County Municipal Separate Storm Sewer System — National Pollution Discharge Elimination System ( NPDES) Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees on behalf of the City of Highland.

CITY COUNCIL PUBLIC HEARING
The order of business for Public Hearings shall be:
1) Mayor opens Public Hearing;
2) Staff presentation;
3) Applicant/ Representative presentation;
4) Speakers in favor of proposal;
5) Speakers in opposition to proposal;
6) Applicant rebuttal;
7) Mayor closes Public Hearing;
8) Council discussion, motion and vote.

ONCE THE PUBLIC HEARING IS CLOSED NO FURTHER TESTIMONY IS TAKEN.

No public hearing.

CITY COUNCIL LEGISLATIVE

12. All American Asphalt Contract Change Order — Pavement Management Program Sector E Pavement Rehabilitation ( Project str20001)
RECOMMENDATION: That the City Council authorize contract change orders up to 20% of the original construction contract with All American Asphalt ( AAA) for the Pavement Management Program — Sector E Pavement Rehabilitation Project.

13. Cooperative Agreement with County of San Bernardino for Pavement Rehabilitation of Pacific Street
RECOMMENDATION: That the City Council review and consider a Cooperative Agreement between the City and County of San Bernardino ( County) for pavement rehabilitation on Pacific Street between Del Rosa Drive and Sterling Avenue.

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14. City Selection Committee Election — Chair and Vice Chair for the City Selection Committee and Primary Member and Alternate Member for San Bernardino County Local Agency Formation Commission ( LAFCO)
RECOMMENDATION: That the City Council review the candidates for consideration and advise the Mayor.

15. Proposed Resolution Opposing Initiative 21- 0042A1
RECOMMENDATION: That the City Council consider Cal Cities' request to adopt Resolution No. 2022- opposing Initiative 21- 0042A1.

16. City Manaqer Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
RECOMMENDATION: Discussion and possible action.

17. Council Member Comments ( Agency/ Committee/AB 1234 Reports, District Updates, etc.)
RECOMMENDATION: Discussion and possible action.

ANNOUNCEMENTS

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956. 9( d)( 2) and/ or (d)( 3):

One case.

ADJOURN
Regular Meetings
Effective March 1, 2022, pursuant to Resolution No. 2022- 001, the regular City Council meetings will be held once a month on the second Tuesday of each month.

March 8; April 12; May 10; June 14; July 12; August 9; September 13; October 11; November 8; December 13
I, Betty Hughes, City Clerk, certify I caused to be posted this Agenda on or before February 17, 2022, by 5: 30 p. m., on our website at www. cityofhighland. org and in the following designated areas:

Highland Branch Library
7863 Central Avenue
Date: February 17, 2022
Fire Station No. 1 City Hall
26974 Base Line 27215 Base Line
Betty Hughes, MMC
City Clerk

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DATE:

FROM:

PREPARED BY:

SUBJECT:

STAFF REPORT

TO THE CITY COUNCIL
February 22, 2022
Joseph Hughes, City Manager
Betty Hughes, MMC, City Clerk
Redistricting Process — Fourth Public Hearing
RECOMMENDATION: That the City Council:
1) Open and conduct a public hearing regarding redistricting; 2) Receive a report from National Demographics Corporation ( NDC), Consultant, on the redistricting process;
3) Review draft map( s);
4) Receive public input on district boundaries; and
5) Consider potential adoption of a resolution establishing Council Member district boundaries.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website. The Public Hearing Notice was posted on the City' s website on the Redistricting webpage on February 2, 2022; published in the El Chicano Newspaper on February 10, 2022; and published in the Highland Community Newspaper on February 11, 2022.

FISCAL IMPACT: Up to $ 30, 000 for the redistricting process.

BACKGROUND: By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps. This is the fourth and last public hearing.

On August 24, 2021, the Highland City Council held its first 2021- 2022 Redistricting Public Hearing. At this public hearing, the City Council received a presentation from the City' s redistricting consultant, National Demographics Corporation ( NDC). NDC' s presentation detailed a tentative schedule which highlighted AB 849' s requirement that the City conduct four public hearings prior to adopting a final voting district map. No public comment was received.

Approved Motion Second Agenda Item No. /
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manager
-1-
On October 26, 2021, the second public hearing was held. At this public hearing, NDC' s presentation highlighted neighborhoods and communities of interest. Additionally, NDC also elaborated on general redistricting principles while highlighting the nuanced requirements of AB 849. No public comment was received.

On January 11, 2022, the third public hearing was held. At this public hearing, NDC' s presentation showed the current total population is 57, 232. Each district population should be roughly 11, 446.

The law allows no more than a 10% deviation. The current deviation is 7. 03%, therefore, the current District map is considered " balanced" based on the criteria of the California Voting Rights Act. Draft maps from the public were due January 3, 2022. The City did not receive any draft maps from the public and no public comment was received. City Council' s direction was to bring forth a draft resolution adopting the current District map.

Conclusion
This is the last public hearing (fourth public hearing). The proposed map of the District boundaries was published on the City's redistricting webpage on February 11, 2022. The City has not received any draft maps from the public or any public input regarding the districting process. All necessary public hearings and opportunities for public testimony and written comment have been conducted in compliance with State law and the Highland Municipal Code. Attached is a draft resolution for Council' s consideration and adoption. If a member of the public submits any maps at the public hearing, they will need to be considered by the Council. -2-
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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA, ADOPTING A REDISTRICTING MAP FOR THE CITY OF HIGHLAND PURSUANT TO ELECTIONS CODE SECTION 21600 ET SEQ.

A. RECITALS

1. On June 28, 2016, the City Council adopted Ordinance No. 407 pursuant to Government Code Sections 34871 to provide for the election of members of the City Council by five districts, establish the boundaries and identification number of each district, establish the initial election term for each district, and amend Chapter 2. 12 of the Highland Municipal Code.

Highland Municipal Code section 2. 12. 040 provides that the Highland City Council District boundaries shall be reviewed by the City Council and, if warranted, adjusted each decennial redistricting cycle beginning in 2021 and thereafter in compliance with applicable State and federal law.

2. The California Legislature enacted Assembly Bill 849, amending sections of the Elections Code. Elections Code section 21601( a) requires that every ten years, following each federal census, California cities that use district - based elections must review the boundaries of those voting districts and readopt district boundaries based on current census data.

3. The purpose of this process is to review and re -adopt Council district boundaries that ensure voting districts remain substantially equal in population and protect the rights of members of communities of interest to vote for the candidates of their choice.

4. Pursuant to Elections Code section 21607. 1( d), the City held meetings regarding redistricting consolidated with regular meetings of the City Council at fixed times, which were noticed to the public.

5. Pursuant to Elections Code section 21607. 1( a)( 1), before drawing draft maps, the City held two public hearings, one on August 24, 2021 and another on October 26, 2021 where an overview of the redistricting process was presented, and there was an opportunity for public comment.

6. Pursuant to Elections Code section 21607. 1( a)( 2), the City held two public meetings, one on January 11, 2022 and another on February 22, 2022 to receive public testimony regarding draft maps. The proposed map of the District boundaries was published on the City' s redistricting webpage on February 11, 2022.
11026-0001 \2619067v3. doc
Resolution No. 2022-

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7 Pursuant to Elections Code 21608, the City sought to encourage residents to participate in the redistricting public review process by providing information through the City' s Weekly Newsletter and posting information on the City website explaining the redistricting process, including a notice of each public hearing and the procedures for providing public comment.

8. After the 2020 census data was released, the City' s consultant determined that each district population should be roughly 11, 446 residents. The law allows no more than a 10% deviation and the current deviation is 7. 03%.

Therefore, the current District Map that was adopted pursuant to Ordinance 407 is considered balanced as they are nearly equal in population as practicable and in compliance with all applicable provisions of law, including the United States and Federal Constitutions and the Federal Voting Rights Act of 1965 ( 52 U. S. C. Section 10301 et seq.).

9. All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION
NOW THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Highland as follows:

Section 1. The City Council finds that all of the facts set forth in the Recitals, Part " A" of this Resolution, are true and correct.

Section 2. Based upon substantial evidence presented to the City Council during the public hearings held on August 24, 2021, October 26, 2021, January 11, 2022, and February 22, 2022, which included public testimony and written and oral staff reports, the City Council finds as follows:
a. All necessary public hearings and opportunities for public testimony and comment have been conducted in compliance with State Law and the Municipal Code of the City of Highland.

Section 3. Adoption of New District Map. The map attached hereto as Exhibit A" to this Resolution, and incorporated herein by this reference, is hereby approved and adopted as the Official Council District Map for the City of Highland and shall be used in the 2022 general municipal election and all such elections for City Council thereafter, until further amended. This map is identical to the map attached as Exhibit " A" to Ordinance No. 407 as the City Council determined that the District Map attached as Exhibit A to Ordinance No. 407 is considered " balanced" based on the criteria of the California Voting Rights Act.

Section 4. Delegation of Authority. The City Clerk is authorized and directed to file the District Map with the San Bernardino County Assessor -Recorder -Clerk.

Resolution No. 2022-

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Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Resolution shall nonetheless remain in full force and effect.

C. ADOPTION OF RESOLUTION
The City Clerk shall certify to the adoption of this Resolution and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED AND ADOPTED this 22nd day of February, 2022.

Larry McCallon
Mayor
ATTEST:

Betty Hughes, MMC
City Clerk
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Resolution No. 2022-

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EXHIBIT "A"
-15-
E 22th St
1119ft
Wotro COO
Sth
E Erd St
E 2nd Si
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E Date St
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alo St
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0„ enster
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retvveset

9. 0
Highland_ Districts_ 2022
District 1
District 2
District 3
District 4
District 5
Ave
Hole. Ave ; r,
20th St
W St
sot. And River
2: 4. ft
Palmetto Ave
District 3
Pioneer Aye
Atlantic Aw
HA
San Bernardino Ave Crown Jewel
Orange Tree Ln
Nevada
W Redlands Blvd
Haunt.. crow
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Crtrus Plaza
2 Tri City Canter
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1 Israel Peal Park
Domestic Aye 8
W Pioneer Ave
San Sernatdino Ave
W Lugo. Ave
W Western Ave
7 7
7 1 g
32 f.,3 W Union Ave
iWSun Ave
W Colton Ave
East Hi
Hartzell Ave
Doyle Ave
Church
St
The Terrace
04 Myer
E Pioneer. Ave
E San Bernardino Ave
E Logonla Ave
7e
College Ave g University of
Redlands
Colton Ave t,
1122
District 5
00j1
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2 Lucas IA
Sessmns pe
San Bernardino Ave
15014 0 Lugano. Ave
Padua Ave
Campus Ave
Camerldge Ave
Stillman Ave
sylvan00
CH,
Warner
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0 E Colton Ave

23. 83fr
ISSft
Capri Ave
MentOrle Mentone Blvd
Sine Ave
Moss St
Made., Ave
Crofton
Oak No_ 2
ksasft
mania st
Mentone Blvd
5000*
E Colton Ave
31 Seven Oaks
The IOPIP
2637 ft
Mill Creek Rd
Cram Peak
Cram Peak
Morton CanY0
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STAFF REPORT

TO THE CITY COUNCIL
DATE: February 22, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Waive the Reading of All Ordinances
RECOMMENDATION: Waive the reading of all Ordinances in their entirety and read by title only.

Approved
Denied
Continued
Tabled
Motion Second Agenda Item No. GAyes
Noes File No.

Abstain
Absent
t1j(
City Clerk City
-1-

STAFF REPORT

TO THE CITY COUNCIL
DATE: February 22, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — February 8, 2022 Special Meeting
RECOMMENDATION: Approve the minutes as submitted.

Approved Motion Second Agenda Item No. - )
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk / City Manger
-1-

MINUTES

CITY COUNCIL SPECIAL MEETING
FEBRUARY 8, 2022

CALL TO ORDER
The special meeting of the City Council of the City of Highland was called to order at 5: 30 p. m. by Mayor McCallon.

PUBLIC COMMENT
None

ROLL CALL

Present: Chavez, Lilburn, McCallon, Solano, Timmer

Absent: None

CLOSED SESSION
At 5: 30 p. m., City Manager Hughes read the City Council into closed session regarding the following:

CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957. 6 regarding the following:

Agency Negotiator: Joseph Hughes, City Manager
Employee Organization: All unrepresented employees

ADJOURN
There being no further business, Mayor McCallon adjourned the meeting at 5: 36 p. m.

Submitted By: Approved By:

Betty Hughes, MMC
City Clerk
Larry McCallon
Mayor

02. 08. 22 - cc special minutes

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STAFF REPORT

TO THE CITY COUNCIL
DATE: February 22, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
SUBJECT: Minutes — February 8, 2022 Regular Meeting
RECOMMENDATION: Approve the minutes as submitted.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Man
-1-

MINUTES

CITY COUNCIL REGULAR MEETING
FEBRUARY 8, 2022

CALL TO ORDER
The regular meeting of the City Council of the City of Highland was called to order at 6: 00 p. m. by Mayor McCallon at the Donahue Council Chambers, 27215 Base Line, Highland, California.

The invocation was given by Pastor Willie Hicks, Harvest Care Church, and the Pledge of Allegiance was led by Mayor Pro Tem Lilburn.

ROLL CALL

Present: Chavez, Lilburn, McCallon, Solano, Timmer

Absent: None

REPORT FROM CLOSED SESSION
City Attorney Marroquin stated the City Council met in closed session pursuant to Government Code Section 54957. 6 with no reportable action being taken, although direction was given to staff.

SPECIAL PRESENTATIONS
None

PUBLIC COMMENT ( ITEMS NOT ON THE AGENDA)
None

CITY COUNCIL CONSENT CALENDAR
A MOTION was made by Mayor Pro Tem Lilburn, seconded by Council Member Solano, to approve the consent calendar as submitted. Motion carried on a roll call vote, 5- 0.
1 Waive the Reading of All Ordinances
Waived the reading of all Ordinances in their entirety and read by title only.

2. Minutes — January 25, 2022 City Council Regular Meeting Approved the Minutes as submitted.

3. Warrant Register
Approved Warrant Register No. 737 for February 8, 2022, in the amount of 1, 484, 432. 61 and Payroll of $ 104, 598. 86.

02. 08. 2022 — cc regular

Page 1 of 5 ends

-2-

4. Slope Easement Acceptance RRM Properties Ltd. — 3rd Street and 5th Street Corridors Improvement Project ( Project No. str18001)
1) Accepted the Grant of Permanent Slope Easement from RRM Properties Ltd.; and
2) Directed the City Clerk to record the Grant of Easement.

5. Request for a Special Event Permit (SEP-22- 001) by the Redlands Bicycle Classic for its Annual Highland Circuit Bicycle Race on Wednesday, April 20, 2022 1) Authorized the one -day Highland Circuit bicycle race as part of the Redlands Bicycle Classic on various streets in Highland subject to the Conditions of Approval; and
2) Approved the Redlands Bicycle Classic request for co- sponsorship ( waiving of City fees in the amount of approximately $ 36, 619. 58).

CITY COUNCIL PUBLIC HEARING

6. Allocation of the City of Highland' s Community Development Block Grant Funds for Fiscal Year 2022- 2023
Mayor McCallon stated he will open the public hearing for the allocation of the City of Highland' s Community Development Block Grant Funds ( CDBG). Staff will present information and that will be done by Assistant Community Development Director Kim Stater.

Mayor Pro Tem Lilburn stated she would like to abstain from this item [ due to a conflict of interest]. She is going to leave the room because she is employed by one of the agencies that receives CDBG funding.

Mayor McCallon stated very good we will call you back when we are finished.

Assistant Community Development Director Stater stated thank you, Mayor and Members of the City Council. The County has provided the City' s estimated CDBG allocation for the next fiscal year at $ 443, 917. 00. The County has reviewed, on behalf of HUD, applications, and they are all available in the City of Highland. We received two construction and four public service that are eligible for funding and those six applications together totaled $ 424, 021. So, the City Council, if it may, fully fund all of the projects with the funding that we anticipate being available. As you are aware, maximum of 15% of our funds can be used towards public service, which again those applications were under that amount, and a minimum of 85% must be spent for construction improvement projects at $ 377, 330. The two construction or nonpublic service projects that we have are both city projects. The first is construction improvement along McKinley Avenue between 9th Street and Base Line for $ 200, 000 and the second for an enhanced code enforcement position that includes a code officer, administrative assistant, and a Community Development Director in the amount of $159,271. For your review on page 10 and 11 of your staff report, it lists the individual projects, total requested and amount available. This would conclude her staff report.

02. 08. 2022 — cc regular

Page 2 of 5 ends

-3-
Mayor McCallon stated very good, any questions of staff? This is a public hearing.

Madam Clerk, do we have any written public comments?
City Clerk Hughes stated she has two.

City Clerk Hughes read public comment received from Michelle Williamson, President of Central Little League, in support of Central Little League.

City Clerk Hughes read public comment received from Diane Harvey, President of the Board of Directors for the Highland Senior Center, in support of the Highland Senior Center.

Latoya Courtney, Librarian II, spoke in support of the San Bernardino County Library.

Lindsey Cobaugh, Executive Director of the Highland YMCA, spoke in support of the Highland YMCA.

Susan Schellhammer spoke in support of the Highland YMCA.

Warren Paul spoke in support of the Highland YMCA.

Mayor McCallon asked is there anyone in the audience who has not spoken who would like to speak on this item? Madam Clerk have you had any public comment come over via email?
City Clerk Hughes stated we have not.

Mayor McCallon stated with that he will close the public hearing and bring it back to the Council for discussion and action.

Council Member Timmer stated he will start. We are very fortunate this year to have sufficient funding to cover all the requests. So rather than debate each one, he would think we would just move forward and honor the requests of all the six applicants. That would be his recommendation, we just we fund all the requests at the requested amount asked for.

Council Member Solano stated she will go ahead and second that. She does want to echo that too. It is a good day when we do not have to move around so many things and everything fits perfectly so she will go ahead and second that as well.

Mayor McCallon stated one of the items is that we have some reserve funds to hold on to.

Council Member Timmer stated yes, to hold them over, for other projects or needs.

02. 08. 2022 — cc regular

Page 3 of 5 ends

-4-
A MOTION was made by Council Member Timmer, seconded by Council Member Solano, to prioritize funding of FY 2022-2023 Community Development Block Grant applications in the following allocation amounts, Application Number HIGH22CN- 001 Highland Neighborhood Revitalization — Code Enforcement in the amount of $ 159, 271, Application Number HIGH22CN- 002 Highland Street Improvements in Target Areas including McKinley in the amount of $ 200, 000, Application Number HIGH22PS-004 Highland Adult Literacy Program in the amount of $ 10, 000, Application Number HIGH22PS- 019 Highland Youth Recreation — Central Little League in the amount of $ 16, 000, Application Number HIGH22PS-033 Highland Senior Center Services and Programs in the amount of 25, 000, and Application Number HIGH22PS- 040 Highland Family YMCA Scholarships in the amount of $ 13, 750, and also with reserve funds in the amount of $ 19, 896 to remain unallocated for use during the fiscal year for Construction Improvement Projects that may run over budget. Motion carried, 4- 0, with Mayor Pro Tem Lilburn abstaining.

CITY COUNCIL LEGISLATIVE

7. City Manager Report and Comments ( Work Program, Regional/ Legislative/ Development Issues, Subcommittees, etc.)
City Manager Hughes stated he just wanted to bring the Council up to speed on a few projects. First is Tippecanoe Avenue, there is going to be a road closure on Tippecanoe Avenue between 3rd Street and 6th Street from February 14 through February 25, essentially two weeks, in order to safely reconstruct the pavement. This is a joint pavement rehabilitation project with the County of San Bernardino with Highland as the lead agency. We are going to be putting out changeable message signs which will be posted on Tippecanoe Avenue south of 3rd and north of 6th to alert motorists of the upcoming road closure. Traffic will be diverted to Sterling Avenue to the east. Additionally, one lane in each direction will be open to traffic on Del Rosa Avenue between 5th and 6th Street. The contractor will personally reach out to all of the residents and businesses on Tippecanoe Avenue between 3rd and 6th Street to coordinate access during construction. The segment of roadway will only be open to emergency personnel, local residents, businesses, post office, waste haulers and delivery trucks during the two -week detour period. There were two applications recently submitted to the City' s Planning Division for processing. The first is a design review application for the plotting and elevations related to forty- six single family detached homes to be constructed by MasterCraft Homes located on Base Line just east of Clubview Drive. A design review application for a contractor' s yard with a 5, 000 square foot office and garage building on a one -acre site located on Meines, just west of the Filipino Club and both of these projects will ultimately go before the Planning Commission. Request for Proposals ( RFPs) for auditing services are due this week and the Finance Subcommittee will be conducting interviews in March, and the agreement will be brought forward to the City Council in April. For Volunteer Services, the Coronavirus Recovery Fund Business Grant, so far, we have had 172 to date. We have had 27 COVID Grocery Delivery Grant Program requests.

We are still at two Mortgage Assistance applications and for illegal dumping work orders, it appears the multi -family bulky weekly collection has really started to pay

02. 08. 2022 — cc regular

Page 4 of 5 ends

-5-
off. We used to average over 200 pickups or dump pickups a month, and in January it was 105. It cut it in half so it does appear that the new program is working. The Police Department from January 24 to February 6 responded to 1, 486 calls for service, took 141 reports and made 50 arrests. The Fire Department for the month of January, had 718 calls for service, 633 of those were medical aids, 14 structure fires, 4 vegetation fires, and 14 vehicle fires.

8. Council Member Comments ( Agency/ Committee/ AB 1234 Reports, District Updates, etc.)
None

ANNOUNCEMENTS
None

CLOSED SESSION
None

ADJOURN
There being no further business, Mayor McCallon adjourned the meeting at 6: 29 p. m. in memory of Jay Brimmer, Richard Cardenas, Jeff Kennedy and Bunny Williams.

Submitted By: Approved By:

Betty Hughes, MMC
City Clerk
Larry McCallon
Mayor

02. 08. 2022 — cc regular

Page 5 of 5 ends

-6-

STAFF REPORT

TO THE CITY COUNCIL
DATE: February 22, 2022
FROM: Joseph Hughes, City Manager
PREPARED BY: Betty Hughes, MMC, City Clerk
REVIEWED BY: Chuck Dantuono, Director of Administrator Services/ City Treasurer Dana Calkins, George Hills Company, Claims Adjusters
SUBJECT: Claim Consideration — Ophelia Adame
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

BACKGROUND: The Claim was received in the City Clerk' s Office on January 24, 2022. It was then sent to the City' s claim adjuster, George Hills Company, who is recommending the claim be rejected.

C:\ MyFiles\WPDATA\StaffReports\cc special STF.wpd
Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City M ger
-1-

GEORGE HILLS
Our minds ova! your; nj1tcrs
February 14, 2022
Betty Hughes
City of Highland
RE: Client: City of Highland
Claim Number: GHC0041106
Date of Loss: 12/ 21/ 2021
Claimant: Ophelia Adame
Dear Ms. Hughes:

We have reviewed the above captioned claims and request that you take the action indicated below:

Please issue standard rejections to commence the statute of limitations on both.

Please provide us with a copy of the notices sent.

Should you have any questions, please feel free to contact the undersigned.

Kindest Regards,
George Hills Company, Inc.

Pa— Caddu,'
Dana Calkins
Sr. Claims Adjuster
Direct Dial: ( 916) 333- 0575
Email: dana. calkins@georgehills. com
PO BOX 278, RANCHO CORDOVA, CA 95741
-2-
January 24, 2022
Dana Calkins, PECP
Claims Adjuster
Rancho Cordova Office
PO Box 278
Rancho Cordova, CA 95741
Re: Claimant( s):

Incident Date:

Dear Dana:

Ophelia Adame
December 21, 2021
Ciry of

HIGHLAND
Inc. 1987
Enclosed is a copy of a Claim received and filed in the Office of the City Clerk on January 24, 2022, by the above referenced claimant( s). Please review and advise this office on the appropriate action to be taken. This item will be tentatively scheduled for the City Council regular meeting of Tuesday, February 8, 2022, pending your recommendation.

If you have any questions, please contact Chuck Dantuono at ( 909) 864- 6861, ext. 224 or myself at ext. 226.

Sincerely,
Betty 9lug/zes
Betty Hughes, MMC
City Clerk
cc: Joseph Hughes, City Manager
Chuck Dantuono, Director of Administrative Services
Maricela Marroquin, City Attorney
claims/ george hills letters/ gh adame Itr.docx
Mayor Mayor Pro Tem City Council City Council City Council City Manager Larry McCallon Penny Lilburn Jesse Chavez Anaeli Solano John P. Timmer Joseph A. Hughes 27215 Base Line • Highland, CA 92346
Tel: 909. 864. 6861 • Fax: 909. 862. 3180 • www. cityofhighland. org -3-
Do not write in this space.

For office use only: /`
Received: L J v o 4-
By:
0 Mail person

CLAIM AGAINST THE CITY OF HIGHLAND
For damages to persons or personal property)
A claim must be filed with the City Clerk within 180 days after which the incident or event occurred. Be sure your claim is against the City of Highland and not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to:

CITY CLERK, CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, ext. 226
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556. 1.

NOTICE: PER GOVERNMENT CODE SECTION 910. 4, THIS FORM MUST BE USED IN ORDER TO COMPLY WITH SECTIONS 910 AND 910. 2 OF THE GOVERNMENT CODE.

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF HIGHLAND:

The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property:

1. Name of ClaimanC-) V\Q C f \
a. Complete Address of Claimant, including City, State and Zip Code:
2 L)? 2S ck*\ 3 3a
c\,,AaY-Ac-\ C; ck73L\(,
b. Phone Number
c. Date of Birth Cfl \ - L
-4-
d. Driver' s License/ State Identification Card Number:

Issued by which State:

Driver' s License Identification Card
Expiration Date:

2. Name, telephone and address to which claimant desires notices to be sent, if other than above:

3. Occurrence or event from which the claim arises:
a. Date of occurrence
b. Time of occurrence '[. 00
c. Place of occurrence ( Exact and specific location)
Si ccme, r 32.cxc;\- 11
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d. How and -under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage ( use additional paper if necessary).• G rY C x c \ oe_. Gvkbc6N' N
e. What particular action by the City, or its employees, caused the alleged damage or injury?
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4. A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state " no injuries".

5. Give the name( s) of the City employee( s) causing the damage or injury:

6. Name and address of any other person injured:

7. Name and address of the owner of any damaged property:

8. Damages Claimed:
a. Amount claimed as of this date: $
b. Estimate amount of future costs: $
c. Total amount claimed: $ `
e ( l Fc a S C
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc.:
-6-

9. Names and addresses
f (; A1,
f.
b. ic)\Y kY`
of all witnesses, hospitals, doctors, etc.
c.
d.
e.

10. Any additional information which might be helpful in considering this claim:
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C a r Cti`\— CGS U - 5 Y C\. (\ r. c C \
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556. 1.

I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is true and correct.

Signed at: c' 3„ vr
City nd State
Date: L— aj z-----_
Signa re f Clairna
C t)
Printed name of person signing above
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EXC. Corp
824 N Waterman Ave,
San Bernardino, Ca. 92410
909- 381- 0226
Name, Address, Phone # and E- mail
New Tires
Mount
Suspension
Balance
2 W Alignment
Shocks
Custom Wheels
Quantity
Breaks F R
Front Level
Rear Level
Lift Kit
Lowering Springs
Descri:' ion
Date — 1 invoice
Year Make / Model
Rep Terms
er, ti iF Cs'
Rate
wk_ed
V - Imo- o it e
I BY SIGNING, I AGREE TO THE TERMS LISTED BELOW.

WARRANTY IS LIMITED TO MANUFACTURERS, CUSTOMER ACKNOWLEDGES EXC CORP. IS NOT RESPONSIBLE FOR DAMAGE CAUSED BY CUSTOM WHEELS, CUSTOMER

REALIZES THEY ARE NOT ORIGINAL EQUIPTMENT AND THEY MAY ALTER PERFORMANCE OF AUTOMOBILE. EXC CORP. WILL NOT BE RESPONSIBLE FOR CLEARANCE OF WHEELS ON AUTOS OR TRUCKS WITIL LOWERED OR ALTERED SUSPENSIONS. THE CUSTOMER IS RESPONSIBLE FOR CHECKING LUGNUTS AFTER 25 MILES. A 20% RESTOCKING. FEE WILL BE CHARGED ON CANCELED SPECIAL ORDERS.

CUSTOMERS ARE RESTRICTED FROM SERVICE AREA. EXC CORP. IS NOT RESPONSIBLE FOR GOODS LEFT BEHIND. NO REFUNDS OR EXCHANGE ON CUSTOM WHEELS. THERE WILL BE A $ 35. 00 ADDITIONAL CHARGE ON ALL RETURNED CHECKS. IF AN INVOICE OR RETURNED CHECK) IS NOT PAID WITHIN 30 DAYS A COLLECTION FEE WILL BE ADDED AND ATTORNEY FEES THAT MAY OCCUR. 33C .‘-1°-
b oil
Total
Payments/ Credits
Amount
Balance Due
-19-
DATE:

FROM:

PREPARED BY:

STAFF REPORT

TO THE CITY COUNCIL
February 22, 2022
Joseph Hughes, City Manager
Betty Hughes, MMC, City Clerk
REVIEWED BY: Chuck Dantuono, Director of Administrator Services/ City Treasurer Dana Calkins, George Hills Company, Claims Adjusters
SUBJECT: Claim Consideration — Annamarie Hidalgo
RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

BACKGROUND: The Claim was received in the City Clerk' s Office on January 26, 2022. It was then sent to the City' s claim adjuster, George Hills Company, who is recommending the claim be rejected.

C:\ MyFiles\WPDATA\StaffReports\ cc special STF.wpd
Approved Motion Second Agenda Item No. it
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
ill
City Clerk City Mager
-1-
GEORGE H 1 LLS
Our mrnds over your matters
February 7, 2022
Betty Hughes
City of Highland
RE: Client: City of Highland
Claim Number: GHC0041150
Date of Loss: 11/ 25/ 2021
Claimant: Annamarie Hidalgo & Wawanesa A/ S/ 0 Annamarie Hidalgo Dear Ms. Hughes:

We have reviewed the above captioned claims and request that you take the action indicated below:

Please issue standard rejections to commence the statute of limitations on both.

Please provide us with a copy of the notices sent.

Should you have any questions, please feel free to contact the undersigned.

Kindest Regards,
George Hills Company, Inc.

Da.tt.a, Cat ikvy
Dana Calkins
Sr. Claims Adjuster
Direct Dial: ( 916) 333- 0575
Email: dana. calkins@georgehills. com
-2-
January 26, 2022
Dana Calkins, PECP
Claims Adjuster
Rancho Cordova Office
PO Box 278
Rancho Cordova, CA 95741
Re: Claimant( s):

Incident Date:

Dear Dana:

Annamarie Hidalgo
November 25, 2021
City of

HIGHLAND
Inc. 1987
Enclosed is a copy of a Claim received and filed in the Office of the City Clerk on January 26, 2022, by the above referenced claimant( s). Please review and advise this office on the appropriate action to be taken. This item will be tentatively scheduled for the City Council regular meeting of Tuesday, February 8, 2022, pending your recommendation.

If you have any questions, please contact Chuck Dantuono at ( 909) 864- 6861, ext. 224 or myself at ext. 226.

Sincerely,
Betty .-fugues
Betty Hughes, MMC
City Clerk
cc: Joseph Hughes, City Manager
Chuck Dantuono, Director of Administrative Services
Maricela Marroquin, City Attorney
claims/ george hills letters/ gh annamarie hidalgo Itr. docx Mayor Mayor Pro Tem City Council City Council City Council City Manager Larry McCallon Penny Lilburn Jesse Chavez Anaeli Solano John P. Timmer Joseph A. Hughes 27215 Base Line • Highland, CA 92346
Tel: 909. 864. 6861 • Fax: 909.862. 3180 • www. cityofhighland. org -3-
RECEIVED Do not write in this space.

JAN 2 6 2022 For office use only:

CITY OF HIGHLAND Received:

By:
0 Mail bin person

CITY CLERK, CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864-6861, ext. 226
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556. 1.

NOTICE: PER GOVERNMENT CODE SECTION 910.4, THIS FORM MUST BE USED IN ORDER TO COMPLY WITH SECTIONS 910 AND 910.2 OF
THE GOVERNMENT CODE.

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF HIGHLAND:

The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property:

1. Name of Claimant Annamarie Hidalgo
a. Complete Address of Claimant, including City, State and Zip Code:
1249 Edwards St # 29 Redlands, Ca 92374
b. Phone Number ( qnq )
c. Date of Birth 7- 26- 1974
855- 2440
-4-
d. Driver's License/ State Identification Card Number:

Issued by which State: California
x Driver's License Identification Card
Expiration Date:

2. Name, telephone and address to which claimant desires notices to be sent, if other than above:

Please see above.

3. Occurrence or event from which the claim arises:
a. Date of occurrence 11- 25-2021
b. Time of occurrence 3: 00 AM
c. Place of occurrence ( Exact and specific location)
Base Line St and Church St, Highland Ca
d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage ( use additional paper if necessary).

Our customer was travleing on Baseline when a large tree branch fell on top of the car causing dmg to the vehicle
e. What particular action by the City, or its employees, caused the alleged damage or injury?
The city's lack of maintance of the tree.
-5-

4. A general description of the indebtedness, obligation, injury, damage or Toss incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state " no injuries".

No injuries.

5. Give the name( s) of the City employee( s) causing the damage or injury:

No city employees involved

6. Name and address of any other person injured:

None

7. Name and address of the owner of any damaged property:

None.

8. Damages Claimed:
a. Amount claimed as of this date: $ 500. 00
b. Estimate amount of future costs: $ None
c. Total amount claimed: 500.00
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc.:

Please see estimate from my insurance co which provides proof of my deductible amount.
-6-

9. Names and addresses of all witnesses, hospitals, doctors, etc. a. None.
b.
c.
d.
e.

10. Any additional information which might be helpful in considering this claim:

None
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556. 1.
1 have read the matters and statements made in the above claim and 1 know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. 1 certify under penalty of perjury that the foregoing is true and correct.

Signed at: Redlands, Ca
City and State
Date: 1- 26- 2022 Annamarie Hidalgo
Signature of Claimant
Annamarie Hidalgo
Printed name of person signing above
-7-
Caliber - Redlands - 0005
450 Nevada St, Redlands, CA 92373- 4244
Office: ( 909) 793- 3442
Fax: ( 909) 335- 1648
0005Assignments@CaliberCollision. com
PRN Number BS09281
Estimate ID
8984845
Original
Claim Number
000000001849431- 01
THIS IS AN ESTI MATE ONLYAND NOT AN AUTHORIZATION TO REPAIR. IT IS THE RESPONSIBILITY OF THE VEHICLE OWNER TOAUTHORIZE REPAI RS. A copy of this estimate must be provided to the repair facility prior to the start of repairs. Failure to do so may result in additional expense toyou.

THIS ESTIMATE WAS WRITTEN BASED ON VISIBLE OR KNOWN DAMAGES ATTHE TIMEOFINSPECTION. SUPPLEMENT INSTRUCTIONS: Send
anemail to: SDESUPPREQUESTS@WAWANESA. COMPlease have theclaim number inthe email subject line. Requests should include all proofs ofloss, Including but not limited to: 1.

Supplemental estimate 2.

Photos clearly showing additional damages3.

Photos of vehicle'svin, mileage and rear license plate 4.

All part, sublet, diagnostic sheets andinvoices available todate. NO SUPPLEMENT WILL BE HONORED WITHOUT PRIOR WAWANESAAPPROVAL*** Owner Insured Appraiser Annamarie
Hidalgo Annamarie Hidalgo Michael Fantroy michael.
fa ntroy@ca libercollision. co m
Classification
None
Wawanesa
General Insurance Company Loss
Type Claim Number Policy Number Adjuster Comprehensive
000000001849431- 01 Philisha Olatunji 877)
929- 2637 (Work) polatunji@wawanesa.
com Deductible
Reported Date Loss Date Inspection Site 500.
00 - Not Waived 11/ 25/ 2021 11/ 25/ 2021 CALIBER REDLANDS. 450 Nevada St Redlands,
CA 92373 2017
Dodge Charger R/T 4 Door Sedan 5.7L 8 Cyl Gas Injected 8 Speed Auto Trans RWD Exterior Color Interior Color License PDM (
Tungsten Metallic) BLACK VIN
Condition
Drivable Odometer Production Date Good
No 70442 12/ 2016 Canmitted
On Venial 12/
9/ 2021 Mitchell Estimating21.411:
53AM OEM DEC_21 V Mitchell
Cloud EstlmatingThl Copyright
1994-2021 Mitchell International, Inc. All
Rights Reserved Pnr*
ed0n Peril* 12/
9/2021 Wawa Shop 11:
53 AM Prase Versim 97.
0 Page
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Mitchell Service Code
911667
Primary Point of Impact
Non -Collision ( 16)
Options
Air Conditioning
Automatic Headlights
Daytime Running Lights
Electronic Stability Control
Interior Automatic
Day/ Night Or
Electrochromatic Mirror
Passenger - Front Air Bag
Power Windows
Remote Vehicle Starter
System
Steering Wheel Mounted
Audio Control
Trip Computer
Alum/ Alloy Wheels
Auxiliary input
Driver Seat With Power
Lumbar Support
First Row Bucket Seat
Keyless Entry System
Power Door Locks
Premium Sound Sys.

Satellite Radio
Telematic Systems
Universal Garage Door
Opener
AM - FM Stereo
Bluetooth Wireless
Connectivity
Driver -Front Air Bag
Fog Lights
Leather Steering Wheel
Power Driver Seat
Rear Bench Seat
Second Row Side Airbag With
Head Protection
Tilt Steering Wheel
Anti -Lock Brake Sys. ( ABS)
Cloth Seat
Dual A/ C
Front Heated Seats
Left -Curtain Air Bag
Power Remote Mirror
Rear Spoiler
Side Airbags
Tire Pressure Monitoring
System
Auto Air Condition
Cruise Control
Electric Defogger
Heated Mirror
MP3 Player
Power Steering
Remote Decklid Or Tailgate
Release
Smart Key System
Traction Control/ Electronic
Annamarie Hidalgo
Parts Profile
Wawa Shop Parts
2017 Dodge Charger R/ T
Parts Profile Version

LABOR -
Total Units CEG

2.0# 2.0
Body 3.0•# 4.0
Refinish 2.7# C 2. 7

0. 2r 0.2

0.3r# 0.3

0.2r# 0.2

0.2r# 0.2
Refinish' - 0.3* 0.0
9 900501 Modified Refinish
Grille
10 100461 Grille Remove / Body
Replace
Front Lamps
11 100377 R Front Combination
Lamp
Remove / Body
Install
Type
Existing
Existing
Existing
Existing
Existing
Existing
Existing
Existing
PART
Number Qty Total Price Tax

0.4# 0. 4 Aftermarket CH1200384C 1 $ 106,00
Certified

0.4# 0.4
Committed On
12/ 9/ 2021
11: 53 AM
version
Mitchell Estimating 21. 4
OEM DEC 21 V
Existing
Yes
Mitchell Cloud Estimating
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LABOR PART
Line # Description Operation Type Total Units CEG Type Number Qty Total Price Tax 12 100389 L Front Combination Lamp Remove / Body 0. 4# 0.4 Existing Install
Hood
13 100559 Hood Panel (Alum) Repair Body 7.5' 1.6 Existing 14 900501 dented and creased
through out tree transfer
15 AUTO Hood Outside Refinish Refinish 2. 8 C 2.8 Existing Only
16 900500 basecoat deduction Refinish Refinish' - 0.3' 0.0 Existing Only
17 900501 Modified Refinish
Front Fender
1a 100002 R Fender Outside Blend Refinish 0. 8 C 1. 0 Existing 19 100379 L Fender Outside Blend Refinish 0.8 C 1. 0 Existing 20 103247 R Fender Pin ( 7 @ $ 7.00) Remove / Body 0.0 0.0 New 6506132AA 7 $ 49. 00 Yes Replace
21 103245 L Fender Pin ( 7 @ $ 7.00) Remove / Body 0.0 0.0 New 6506132AA 7 $ 49. 00 Yes Replace
22 100716 R Fender Adhesive Remove / Body 0.2 0. 2 New 68234615AB 1 $ 52. 25 Yes Nameplate Replace
23 100717 L Fender Adhesive Remove / Body 0.2 0. 2 New 68234615AB 1 $ 52. 25 Yes Nameplate Replace
Front Inner Structure
24 100447 Frt Body Closing Panel Remove / Body INCr# 0.4 Existing Install
Air Bag System
25 100407 R Air Bag Side Curtain Remove / Mechanical INCr# 0. 8 Existing Module - M Install
26 AUTO Roof Headliner Remove / Body INC# 4.4
Install
27 100408 L Air Bag Side Curtain Remove / Mechanical INCr# 0. 8 Existing Module - M Install
Windshield
28 101222 W/ ShieidGlass Remove / Glass INC# 2.7 Aftermarket DW02177GT 1 $ 463. 54 Yes Replace New Y
29 AUTO Add w/ Rain Sensor Remove / Body 0.3 0.3
Replace
30 AUTO Add W/ Humidity Sensor Remove / Body 0. 3 0.3
Replace
31 101231 RW/ Shield Pillar Garnish Remove/ Body 1NCr 0.3 Existing Install
32 101232 L W/Shield Pillar Garnish Remove / Body INCr 0.3 Existing Install
33 101244 R W/Shield Wiper Blade Remove / Body INC# 0.2 New 68082554AA 1 $ 119. 00 Yes Arm Replace
Instrument Panel
34 102086 Instrument Panel Assy • M Remove / Mechanical 4. 5 4.5 Existing Install
Center Console
35 102087 Console Remove / Body 0.6 0.6 Existing
Install
Rocker/ Pillars / Floor
36 101303 R Door Opening Panel Repair Body 7.0'# 20.8 Existing 37 900501 dented trough out transfer
along roof rail
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LABOR PART
Line# Description Operation Type Total Units CEG Type Number Qty Total Price Tax 38 AUTO R Door Opening Panel Refinish Refinish 3. 8 C 3.8 Existing Complete Only
39 101304 L Door Opening Panel Repair Body 7.0*# 20. 8 Existing 40 900501 dented trough out transfer
along roof rail
a1 AUTO L Door Opening Panel Refinish Refinish 3.8 C 3. 8 Existing Complete Only
42 102049 R Rocker Moulding Remove / Body 0.4 0.4 Existing Install
43 102050 L Rocker Moulding Remove / Body 0. 4 0.4 Existing Install
44 101389 R Rocker Moulding Remove / Body 0. 0 0. 0 New 6509049AA 7 $ 49.00 Yes Retainer ( 7 @ $ 7. 00) Replace
45 101390 L Rocker Moulding Remove / Body 0. 0 0. 0 New 6509049AA 7 $ 49. 00 Yes Retainer ( 7 @ $ 7. 00) Replace
46 101397 R Ctr Pillar Trim Panel Remove / Body 0. 8r 0. 8 Existing Install
47 101398 L Ctr Pillar Trim Panel Remove / Body 0.8r 0.8 Existing Install
Front Seat
48 102045 R Seat Assy
49 102046 L Seat Assy
Front Door
Remove/ Body INC 0. 4 Existing
Install
Remove / Body INC 0. 4 Existing
Install
so 101467 R Frt Upr Door Adhesive Remove / Body
Moulding Replace
51 101468 L Frt Upr Door Adhesive Remove / Body
Moulding Replace

0. 2 0. 2 New 57010504AM 1 $ 110. 00 Yes

0. 2 0. 2 New 57010505AM 1 $ 105. 00 Yes
Rear Door
52 100004 R Rear Door Outside Blend Refinish 0.9 C 1. 1 Existing s3 101102 L Rear Door Outside Blend Refinish 0.9 C 1. 1 Existing 54 100735 R Rear Otr Door Belt Remove / Body 0. 2 0. 2 Existing Moulding Install
55 100736 L Rear Otr Door Belt Remove / Body 0. 2 0. 2 Existing Moulding Install
56 100745 R Rear Door Trim Panel Remove / Body 0.4 0.4 Existing Install
57 100746 L Rear Door Trim Panel Remove / Body 0. 4 0.4 Existing Install
58 100763 R Rear Otr Door Handle Remove / Body 0. 3# 0. 3 Existing Install
59 100764 L Rear Otr Door Handle Remove / Body 0. 3# 0. 3 Existing Install
Roof
60 101694 Roof Panel Remove/ Body 19. 0 19. 0 New 68250100AA 1 $ 910. 00 Yes Replace
61 AUTO Roof Panel Outside Refinish Refinish 2. 5 C 2. 7 Only
62 AUTO Add To R& I/ R& R Side Remove / Mechanical 1. 6 1. 6 Curtain Air Bags - M Replace
63 101697 Roof Reinforcement Bow Remove / Body 1.0 1.0 New 68044570AC 1 $ 45.85 Yes Replace
Back Window
64 101651 Back Window Glass Remove / Glass 0.3# 3.3 Existing Install
caemitted On Version Mitchell Cloud EstimatingT" t
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12/ 9/ 2021 Mitchell Estimating21.4
Copyright 1994- 2021 Mitchell International, Inc. 12/ 9/ 2021 Wawa Shop 1153 AM OEM DEC 21_ V
All Rights Reserved 11:53 AM
974)
versim
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LABOR PART
Line # Description Operation Type Total Units CEG Type Number Qty Total Price Tax Quarter Panel
65 100290 R Quarter Outer Panel Repair Body 5. 5*# 17.2 Existing 66 AUTO R Quarter Panel Outside Refinish Refinish 1.9 C 2. 3 Existing Only
67 100291 L Quarter Outer Panel Repair Body 1.5*# 17. 7 Existing 68 900501 sctrached from tree
69 AUTO L Quarter Panel Outside Refinish Refinish 1. 9 C 2. 3 Existing Only
70 102843 R Quarter Shield Remove / Body 0.4r 0.4 Existing Install
71 102844 LQuarterShield Remove/ Body 0.4r 0.4 Existing Install
72 900500 basecoat deduction Refinish Refinish* - 0.3* 0. 0 Existing Only
73 900501 Modified Refinish
74 900500 basecoat deduction Refinish Refinish* - 0.3* 0.0 Existing Only
75 900501 Modified Refinish
Luggage Lid
76 101796 Luggage Lid Spoiler Remove / Body INC# 0.4 Existing Install
77 101797 Luggage Trim Panel Remove / Body 0. 3 0. 3 Existing Install
78 101799 Luggage Lid Panel Repair Body 4.0* 1.8 Existing 79 AUTO Luggage Lid Outside Refinish Refinish 2.0 C 2.4 Existing Only
ao 102839 Luggage Lid Spoiler Remove / Body 0.4# 0. 4 New 5NH39TZZAC 1 $ 1, 160. 00 Yes Replace
a1 900500 basecoat deduction Refinish Refinish' - 0. 3* 0.0 Existing Only
82 900501 Modified Refinish
Rear Lamps
a3 100462 R Rear Combination Lamp Remove / Body INC# 0.6 Existing Install
a4 100463 L Rear Combination Lamp Remove / Body INC# 0.6 Existing Install
as 100904 Rear Combination Lamp Remove / Body 0.4# 0.4 Existing Install
Rear Bumper
as 100894 Rear Bumper Cover Remove / Body 1. 6# 1. 6 Existing Install
Additional Costs & Materials
87 AUTO Paint/ Materials Additional
Cost
88 Auro Hazardous Waste Additional
Disposal Cost
89 936001 Towing Additional
Cost
Additional Operations
90 AUTO Clear Coat
1, 011. 50* Yes

5. 00* Yes
170.00*
Additional Refinish 5.6 0.0 $ 0.00
Operation
Special/ Manual Entry
91 900500 FLEX ADDITIVE Remove / Body* 0.0* 0.0 Aftermarket ** QUAL REPL 1 $ 8. 00* Replace New PART
Committed O, Version
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Yes
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Line # Description
92 900500 COVER CAR FOR

OVERSPRAY
93 900500 MASK JAMBS, OPENING,
ENTRY
94 900500 TINT COLOR TO MATCH
95 900500 Pre Scan
96 900500 Post Scan
97 900500 URETHANE KIT
98 900500 URETHANE KIT
99 900500 BAG INTERIOR FOR

WELDING
100900500 DISCONNECT BATTERY

TERMINALS
101900500 SEAM SEALERS
102900500 glass dean up
Judgment Item
T Included in Two Tone Calculation
Labor Note Applies
d Discontinued by Manufacturer
Parts Vendors

KEYSTONE KEYSIQ
12325 KERREN ST. STE. C
POWAY CA 92064
858) 547- 4401 (Work)
800) 995- 7550 (Work)
Line Part #
10 CH1200384C
Additional
Labor
Additional
Labor
Repair
Additional
Labor
Additional
Labor
Remove /
Replace
Remove /
Replace
Remove /
Replace
Repair
LABOR
Operation Type Total Units CEG Type
Body* 0.0* 0.0 Sublet
Body' 0.5*
Body' 0.5*
Mechanical* 0. 5*

0.0 Sublet

0.0 Existing

0.0 Existing
Mechanical 0.5* 0.0 Existing
Glass* 0.0*
Glass* 0.0*
Body' 0.3*
Body' 0.2* 0.0 Existing

0.0 Aftermarket
New

0.0 Sublet
Remove/ Body' 0.3* 0.0 Aftermarket
Replace New
Repair Body* 1. 0* 0.0 Existing
C Included in Clear Coat Calculation
A Included in Clear Coat and Two Tone Calculation
r CEG R& R Time Used for this Labor Operation
Verify the partnumber and price before ordering
Total
Price
106.00

SAFELITE WAWAN ESA ( A)

WWNS PRICING TYPE A
COLU M BU S OH 43235
888) 800- 4527 ( Work)
Line Part #
PART
Number
Sublet
Sublet 1 $ 10.00*
Qty Total Price Tax
1 $ 10. 00*
1 0
0 t' QUAL REPL 1 $ 18. 00* Yes
PART
QUAL REPL 1 $ 18. 00* Yes
PART
Sublet 1 $ 5.00*
1 QUAL REPL 1 $ 20.00* Yes
PART
28 DW02177GTY
Total
Price
463. 54
Disclaimer: This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer ofyour motor vehicle. Any warranties applicable to these replacement parts are provided by the manufacturer or distributor ofthe parts, rather than by the original manufacturer of your vehicle.

Estimate Totals
Labor Units Rate Sublet Add' IAmount
Body Labor 72. 1 $ 48. 00 $ 20. 00
Refinish Labor 28.9 $ 48.00
Mechanical Labor 7.1 $ 95.00
Glass Labor 0.3 $ 46. 00
Total Labor 108. 4
Can mined On
12/ 9/ 2021
11: 53 AM
versos
Mitchell Estimating21. 4
OEM DEC 21_ V
Mitchell Cloud Estimating- rM
Copyright 1994- 2021 Mitchell International, inc.

All Rights Reserved
Printed On
12/ 9/ 2021
11: 53 AM
Profile
Wawa Shop
Profile Version
97A
Totals
3, 480. 80
1, 387. 20
674. 50

13. 80
5, 556. 30

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-13-
Estimate Totals
Parts Amount
Taxable Parts $ 3,383. 89
Costs Amount
Other Additional Costs $ 175.00
Paint Materials $ 1,011. 50
Paint Materials Rate: $ 35. 00
Rate Max: 99.9 units
Additional Rate: $0.00
GrossTotals Amount
Gross Total $ 10,516. 72
Adjustments Amount
Deductible -$ 500. 00
Total Customer
Responsibility
Taxable $ 0. 00
Tax 0.0000% $ 0. 00
Non -Taxable $ 5, 556. 30
Labor Tatal $ 5, 556. 30
3,383. 89
Parts Adjustments $ 0. 00
Tax8.7500% $ 296. 09
Non -Taxable $ 5. 00
Parts Total $ 3, 684. 98
175. 00
1, 01150
Taxable $ 1. 016.50
Tax 8.7500% $ 88. 94
Non -Taxable $ 170.00
Costs Total $ 1, 275. 44
10, 516. 72
Taxable $ 4,400. 39
Tax $ 385.03
Non -Taxable $ 5, 731. 30
Gross Total $ 10, 516. 72
500. 00
500. 00
Net Estimate Total $ 10, 016. 72
Please note: if any ofthefollowing operations are listed on the estimate, the labor time associated with them is not used in determining the amount of paint materials: Drill & Install ornamentation, Undercoating, Restore corrosion protection, Taped stripe, Finish sand and buff, De -nib and polish, Mask for overspray.

This estimate has been prepared based on the use of crash parts supplied by a source otherthan the manufacturer of you r motor vehicle. Wawanesa General Insurance Company warrants that non -original equipment manufacturer replacement crash parts are at least equal tothe original equipment manufacturer parts in terms of kind, quality, safety, fit, and performance. Any warranties applicable to these replacement parts are provided by the manufacturer or distributor ofthe parts, rather than by theoriginal manufacturer of your vehicle.

We are prohibited by law from requiring that repairs be done at a specific automotive repair dealer. You are entitled to select the auto
body repair shop to repair damage covered by us. We have recommended an automotive repair dealer that will repair your damaged vehicle. We recommend you contact any other automotive repair dealer you are considering to clarify any questions you may have regarding services and benefits. If you agree to use our recommended automotive repair dealer, we will cause the damaged vehicle to be restored to its condition prior to the loss at no additional cost to you other than as Committed On Version
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stated in the insurance policy or as otherwise allowed by law. Ifyou experience a problem with the repair of your vehicle, please contact us immediately for assistance.

AUTO BODY REPAIR CONSUMER BILL OF RIGHTS
A CONSUMER IS ENTITLED TO:

1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BYTHE INSURANCE COM PANY. AN INSURANCE COM PANY SHALL NOT REQUI RE THE REPAI RS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP.

Z AN ITEMIZED WRITTEN ESTI MATE FOR AUTO BODY REPAI RS AND, UPON COM PLETION OF REPAIRS, A DETAI LED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AN D INVOICE MUST ALSO 1DENTIFYALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT.

3. BE I N FORM ED ABOUT COVERAGE FOR TOWING AND STORAGE SERVICES.

4. BE I N FORM ED ABOUT THE EXTENT OF COVERAGE, 1 F ANY, FOR A REPLACEMENT RENTAL VEH ICLE WHILE DAMAGED VEHICLE IS BEING REPAI RED.

5. BE INFORMED OF WHERETO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS.

6. SEEK AND OBTAIN AN INDEPENDENT REPAI R ESTI MATE DIRECTLY FROM A REGISTERED AUTO BODY REPAIR

SHOP FOR REPAIR OFA DAMAGED VEHICLE, EVEN WHEN PURSUING AN INSURANCE CLAIM FOR REPAIR OF TH E VEHICLE.

COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to:

Toll Free ( 866) 799- 3811
Bureau of Automotive Repair
10949 North Mather Blvd.

Rancho Cordova, CA 95670
The Bureau ofAutomotive Repair can also accept complaints over its web site at: www.autorepair.ca.gov

COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORMA INSURANCE COMM ISSIONER Any concerns regarding how an auto insurance claim is being handled should besubmitted tothe CaI ifornia Department of Insurance at:
800) 927-4357 or (213) 897-8921
California Department of I nsurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA 90013
The California Department of Insurance can also accept complaints over its web site at: www. insurance. ca.gov Disclaimer: For your protection California law requires the following statement to appear on this form. Any person who knowingly presents false orfraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.

Camrnitted On Venial
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CAD/ Ti Page 1 of 2
Detailed History for Police Inc# 0I213410029 As of 1/ 20/2022 10: 24: 32 Output for: G1440
Priority: 3 Type: COUNTR - COUNTER RPT
Location: CHURCH AVE/ BASELINE ST. HIG < 7300/ 27500>
Created: 12/ 07/ 2021 08: 58: 48 EC27 I7080
Entered: 12/ 07/2021 09: 01: 37 EC27 I7080
ispatch: 12/ 07/ 202109: 49: 36 ECO4 C3705 Enroute:
12/ 07/ 2021 09:49: 36 ECO4 C3705 Onscene:
12/07/ 2021 09:59: 03 MHIP01 F5129 Control:
12/ 07/ 2021 10: 08: 27 MH1P01 F5129 Closed:
12/ 07/ 2021 10: 10: 52 MHIP01 F5129 IC:

PrimeUnit: 13P21 Dispo: NAT Type: COUNTR - COUNTER RPT Jur:

HI Group: HI Squad Area: Hl2 RptDist: HI017 Detail 08:
58: 48pst CREATE Location: CHURCH AVE/BASELINE ST, HIG Type:COUNTR Inf/Name:lli&DALGO, ANNA Phones Group: HI RD: HI017 TypeDesc: COUNTER RPT LocDesc: <7300/ 27500> Priority: 3 Response: 1PAT Jur:HI LocType:HRPCont:Y GeoLong: 117.204403 GeoLat:

34.121238 09:
01: 37 ENTRY Text: A

REQ SHE

TREE BRANCH
GET LE
FELL

REPORT // SHE
ON RP'
WILL
S SON'
BE
S VEH

WAITING
ON
IN
THE 26TH //
THE
HER
PLOT

INSURANCE
FOR
IS

CTC IN A
GRY HYUN SD RENTAL CAR 09:
01: 37 VEH V#: 1 VehCol: GRY Year: 2017 Make: DODG Mode1: DODG- CHA Mise: SON' S VEH 09:
01: 37 VEH V#: 2 VehCol: GRY Make: HYUN Style: SD 09:
01: 37 SUBJ S#:1 Name: JARAMILLO, GIOVANNI 9:
01: 38 -SELECT 09:
01: 38 RFT Name: JARAMILLO , GIOVANNI Repeat:Yes 09:
01: 37 -PREMIS Text: PPR 09:
01: 48 HOLD 09:
01: 59 INFO 99:
01: 59 SUBJ S#:1 Sex: M Name: JARAMILLO, GIOVANNI Misc:SON 09:
01: 59 RFT Name: JARAMILLO , GIOVANNI Sex:M Repeat: Yes 09:
02: 00 NOMORE 09:
33: 15 HOLD 09:
49: 36 DISPER 13P21 Operator: F5129 OperNames: LOPEZ, CHARLES 09:
49: 36 -PRIU 13P21 09:
59: 03 *ONSCN 13P21 10:
03: 38 *RFT 13P21 InvType: SNS Name: JARAMILLO, GIOVANNI Sex:M DOB: 092697 10:
03: 39 *RFT 13P21 Text: INQUIRY SNSINV, JARAMILLO, GIOVANNI,,,M,09/ 26/ 1997,,,,X, X,X„X,,,,,,,, 10:
08: 10 *RFT 13P21 Text:INQUIRY CADQ,„,„,„„, 8PHJ850„„„„„ 10:
08: 27 *OK 13P21 10:
10: 52 *CLEAR 13P21 Dispo:NAT Text:R/P STATED ON 11/26/21 HE WAS DRIVING NEAR THE AREA OF CHURCH ST AND BASELINE ST WHEN ATREE BRANCH FELL ONTOP OF HIS ter` VEHICLE DUE TO THE HIGH WINDS. R/P TOOK PHOTOGRAPHS OF THE INCIDENT

BUT DID NOT CALL LAW ENFORCEMENT DUE TO THE HIGH WINDS AND HIM BEING AFRAID. R/P WANTED DOCUMENTATION TOPROVIDE INSURANCE COMPANY. R-0 10:
10: 52 PRIU 13P21 10:
10: 52 -CLEAR 10:
10: 52 *CLOSE ELT
http://
shr- tsd- sr052/ PRD792/ Html/SystemDoas/ CADInterface. aspx?_CMD= IHQ&QQQ=... 1/ 20/ 2022 -16-
DATE:

FROM:

PREPARED BY:

REVIEWED BY:

STAFF REPORT

TO THE CITY COUNCIL
February 22, 2022
Joseph Hughes, City Manager
Betty Hughes, MMC, City Clerk
Chuck Dantuono, Director of Administrator Services/ City Treasurer Dana Calkins, George Hills Company, Claims Adjusters
SUBJECT: Claim Consideration — Wawanesa as Subrogee of Annamarie Hidalgo RECOMMENDATION: George Hills Company recommends the City Council reject the claim.

BACKGROUND: The Claim was received in the City Clerk' s Office on January 31, 2022. It was then sent to the City' s claim adjuster, George Hills Company, who is recommending the claim be rejected.

C:\ MyFiles\ WPDATA\ StaffReports\ cc special STF.wpd
Approved Motion Second Agenda Item No. tt
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manager
-1-
IT T

GEORGE HILLS
Our minds over your matlers.

February 7, 2022
Betty Hughes
City of Highland
RE: Client: City of Highland
Claim Number: GHC0041150
Date of Loss: 11/ 25/ 2021
Claimant: Annamarie Hidalgo & Wawanesa A/ S/ 0 Annamarie Hidalgo Dear Ms. Hughes:

We have reviewed the above captioned claims and request that you take the action indicated below:

Please issue standard rejections to commence the statute of limitations on both.

Please provide us with a copy of the notices sent.

Should you have any questions, please feel free to contact the undersigned.

Kindest Regards,
George Hills Company, Inc.

Dana Calkins
Sr. Claims Adjuster
Direct Dial: ( 916) 333- 0575
Email: dana. calkins@georgehills. com
-2-
February 1, 2022
Dana Calkins, PECP
Claims Adjuster
Rancho Cordova Office
PO Box 278
Rancho Cordova, CA 95741
Re: Claimant( s):

Incident Date:

Dear Dana:

City of

HIGHLAND
Wawanesa as Subrogee of Annamarie Hidalgo
November 25, 2021
Inc. 1987
Enclosed is a copy of a Claim received and filed in the Office of the City Clerk on January 31, 2022, by the above referenced claimant( s). Please review and advise this office on the appropriate action to be taken. This item will be tentatively scheduled for the City Council regular meeting of Tuesday, February 22, 2022, pending your recommendation.

If you have any questions, please contact Chuck Dantuono at ( 909) 864- 6861, ext. 224 or myself at ext. 226.

Sincerely,
Betty 9fuglies
Betty Hughes, MMC
City Clerk
cc: Joseph Hughes, City Manager
Chuck Dantuono, Director of Administrative Services
Maricela Marroquin, City Attorney
claims/ george hills letters/ gh wawanesa annamarie hidalgo Itr. docx Mayor Mayor Pro Tem City Council City Council City Council City Manager Larry McCallon Penny Lilburn Jesse Chavez Anaeli Solano John P. Timmer Joseph A. Hughes 27215 Base Line • Highland, CA 92346
Tel: 909. 864. 6861 • Fax: 909. 862. 3180 • www. cityofhighland. org -3-
awanesa
Insurance
January 26, 2022

WAWANESA GENERAL INSURANCE COMPANY
PO Box 82867 San Diego, CA 92138- 9492
Claims Department Toll Free: 1- 888- WAWA- CLAIM
Policy Service 858- 874- 5300 or Toll Free 1- 800- 640- 2920

RECEIVED

CITY CLERK, CITY OF HIGHLAND
27215 Baseline St Ste 27215
Highland California 92346- 3125

CITY OF HIGHLAND

CITY CLERK
RE: Date of Loss: November 25, 2021
Our Insured: Annamarie Hidalgo
Claim Number: 000000001849431
Dear City Clerk, City Of Highland,
Please see attached the claim form that we are presenting along with other documents.

Sincerely,
Philisha Olatunji
Inside Claims Representative
Phone: 888-929- 2252 x1506133
Fax: 619- 285- 2722
Email: polatunji© wawanesa. com
For information about the types of personal information we collect and how we use it, visit our Privacy Policy at www. wawanesa. com.
-4-

RECEIVED

CITY OF HIGHLAND

CITY CLERK
Do not write in this space.

For office use only:

Received:

By:

LJ Mail 0 In person

WARNING:

NOTICE:

CITY CLERK, CITY OF HIGHLAND
27215 BASE LINE
HIGHLAND CA 92346
909) 864- 6861, ext. 226

IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556. 1.

PER GOVERNMENT CODE SECTION 910. 4, THIS FORM MUST BE
USED IN ORDER TO COMPLY WITH SECTIONS 910 AND 910. 2 OF THE GOVERNMENT CODE.

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF HIGHLAND:

The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property:

1. Name of ClaimantAnnamarie Hidalgo
a. Complete Address of Claimant, including City, State and Zip Code:
1249 Edwards St # 29 Redlands, Ca 92374
b. Phone Number ( qna )
c. Date of Birth 7- 26- 1974
855- 2440
-5-
d. Driver' s License/ State Identification Card Number:

A8070599
Issued by which State: California
x Driver' s License Identification Card
Expiration Date:

2. Name, telephone and address to which claimant desires notices to be sent, if other than above:

Wawanesa Insurance PO BOX 82867 San Diego Ca 92138 adj Philisha Olatunji 1- 888- 929- 2252 ext 1506133

3. Occurrence or event from which the claim arises:
a. Date of occurrence 11- 25- 2021
b. Time of occurrence 3: 00 AM
c. Place of occurrence ( Exact and specific location)
Base Line St and Church St, Highland Ca
d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage ( use additional paper if necessary).

No injuries.

5. Give the name( s) of the City employee( s) causing the damage or injury:

No city employees involved

6. Name and address of any other person injured:

None

7. Name and address of the owner of any damaged property:

None.

8. Damages Claimed:
a. Amount claimed as of this date:
b. Estimate amount of future costs:
c. Total amount claimed:
10, 916. 49
None
10, 916. 49
d. Basis for computation of amounts claimed. Include copies of all bills, invoices, estimates, etc.:

We have added the appraisal and rental invoice.

Police report as well.
-7-

9. Names and addresses of all witnesses, hospitals, doctors, etc. a. None.
b.
c.
d.
e.

10. Any additional information which might be helpful in considering this claim:

None
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM, PENAL CODE S72; INSURANCE CODE S556. 1.

Signed at: San Diego, Ca
City and State
Date: 1- 26- 2022 Wawanesa Ins. as subrogee Annamarie Hidalc Signature of Claimant
Wawanesa Ins. Philisha Olatunji
Printed name of person signing above
-8-
Caliber - Redlands - 0005
450 Nevada St, Redlands, CA 92373-4244
Office: ( 909) 793- 3442
Fax: ( 909) 335- 1648
0005Assignments@CaliberCollision. com
PRN NumberBS09281
Estimate ID
8984845
Original
Claim Number
000000001849431- 01
THIS IS AN ESTIMATE ONLY AND NOT AN AUTHORIZATION TO REPAIR. IT IS THE RESPONSIBILITY OF THE VEHICLE OWNER TO AUTHORIZE REPAI RS. A copy of this estimate must be provided to the repair facility prior to the start of repairs. Failure to do so may result in additional expense to you.

THIS ESTIMATE WAS WRITTEN BASED ON VISIBLE OR KNOWN DAMAGES AT THE TIME OF INSPECTION.

SUPPLEMENT INSTRUCTIONS:

Send an email to: [email protected] Please have the claim number in the email subject line.

Requests should include all proofs of loss, including but not limited to:

1. Supplemental estimate

2. Photos clearly showing additional damages

3. Photos of vehicle's vin, mileage and rear license plate

4. All part, sublet, diagnostic sheets and invoices available to date.

NO SUPPLEMENT WILL BE HONORED WITHOUT PRIOR WAWANESAAPPROVAL*** Owner Insured Appraiser
Annamarie Hidalgo Annamarie Hidalgo Michael Fantroy
michael. fantroy@calibercollision. co
m
Classification
None
Wawanesa General Insurance Company
Loss Type Claim Number Policy Number Adjuster
Comprehensive 000000001849431- 01 Philisha Olatunji
877) 929- 2637 (Work)
polatunji@wawanesa. com
Deductible Reported Date Loss Date Inspection Site
500. 00 - Not Waived 11/ 25/ 2021 11/ 25/ 2021 CALIBER REDLANDS. 450 Nevada St
Redlands, CA 92373
2017 Dodge Charger R/ T 4 Door Sedan 5. 7L 8 Cyl Gas Injected 8 Speed Auto Trans RWD Exterior Color Interior Color License VIN
PDM ( Tungsten Metallic) BLACK
Condition Drivable Odometer Production Date
Good No 70442 12/ 2016
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Mitchell Service Code
911667
Primary Point of Impact
Non - Collision ( 16)
Options
Air Conditioning
Automatic Headlights
Daytime Running Lights
Electronic Stability Control
Interior Automatic
Day/ Night Or
Electrochromatic Mirror
Passenger - Front Air Bag
Power Windows
Remote Vehicle Starter
System
Steering Wheel Mounted
Audio Control
Trip Computer
Annamarie Hidalgo
Parts Profile
Wawa Shop Parts
Alum/ Alloy Wheels
Auxiliary Input
Driver Seat With Power
Lumbar Support
First Row Bucket Seat
Keyless Entry System
Power Door Locks
Premium Sound Sys.

Satellite Radio
Telematic Systems
Universal Garage Door
Opener
AM - FM Stereo Anti - Lock Brake Sys. ( ABS) Auto Air Condition Bluetooth Wireless Cloth Seat Cruise Control
Connectivity
Driver - Front Air Bag Dual A/ C Electric Defogger
Fog Lights Front Heated Seats Heated Mirror
Leather Steering Wheel Left -Curtain Air Bag MP3 Player Power Driver Seat Power Remote Mirror Power Steering
Rear Bench Seat Rear Spoiler Remote Decklid Or Tailgate Release
Second Row Side Airbag With Side Airbags Smart Key System Head Protection
Tilt Steering Wheel Tire Pressure Monitoring Traction Control/ Electronic System
2017 Dodge Charger R/ T
Parts Profile Version

6. 0
Line # Description Operation Type
Front Bumper
1 100386 Frt Bumper Cover
2 102899 Frt Bumper Cover
3 AUTO Frt Bumper Cover
4 103658 Frt Bumper License Plate
Bracket
5 100951 Frt Lwr Bumper Grille
6 100947 R Frt Bumper Fog Lamp
Opening Cover
7 100948 L Frt Bumper Fog Lamp
Opening Cover
a 900500 basecoat deduction
9 900501 Modified Refinish
LABOR
Total Units CEG Type
Remove / Body 2.0#
Install
Repair Body 3.0'#
Refinish Refinish 2. 7# C
Only
Remove / Body 0. 2r
Install
Remove / Body 0. 3r#
Install
Remove / Body 0. 2r#
Install
Remove / Body 0. 2r#
Install
Refinish Refinish` - 0. 3'
Only
Grille
10 100461 Grille Remove / Body
Replace
Front Lamps
11 100377 R Front Combination
Lamp
Committed On
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11: 53 AM
Verson
Mitchell Estimating 21.4
OEM DEC 2I V
Remove / Body
Install

2.0 Existing

4.0 Existing

2. 7 Existing

0. 2 Existing

0. 3 Existing

0.2 Existing

0. 2 Existing

0.0 Existing
PART —
Number Qty Total Price Tax

0.4# 0.4 Aftermarket CH1200384C 1 $ 106. 00 Yes
Certified

0. 4# 0. 4 Existing
Mitchell Cloud EstlmatingTM
Copyright 1994- 2021 Mitchell International, Inc.

AS Rights Reserved
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Profile
Wawa Shop
Profile Verson

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LABOR PART
Line # Description Operation Type Total Units CEG Type Number Qty Total Price Tax 12 100389 L Front Combination Lamp Remove / Body 0.4# 0.4 Existing Install
Hood
13 100559 Hood Panel (Alum) Repair Body 7. 5* 1. 6 Existing 14 9o0so1 dented and creased
through out tree transfer
15 AUTO Hood Outside Refinish Refinish 2. 8 C 2. 8 Existing Only
16 900500 basecoat deduction Refinish Refinish* - 0. 3* 0.0 Existing Only
17 900501 Modified Refinish
Front Fender
i8 100002 R Fender Outside Blend Refinish 0.8 C 1. 0 Existing 19 100379 L Fender Outside Blend Refinish 0.8 C 1. 0 Existing 20 103247 R Fender Pin ( 7 @ $ 7.00) Remove / Body 0.0 0. 0 New 6506132AA 7 49. 00 Yes Replace
21 103245 L Fender Pin ( 7 @ $ 7.00) Remove / Body 0. 0 0.0 New 6506132AA 7 $ 49. 00 Yes Replace
22 1oo716 R Fender Adhesive Remove / Body 0.2 0. 2 New 68234615AB 1 $ 52. 25 Yes Nameplate Replace
23 100717 L Fender Adhesive Remove / Body 0. 2 0. 2 New 68234615AB 1 $ 52. 25 Yes Nameplate Replace
Front Inner Structure
24 100447 Frt Body Closing Panel Remove / Body INCr# 0. 4 Existing Install
Air Bag System
25 100407 R Air Bag Side Curtain Remove / Mechanical INCr# 0.8 Existing Module - M Install
26 AUTO Roof Headliner Remove / Body INC# 4.4
Install
27 100408 L Air Bag Side Curtain Remove / Mechanical INCr# 0. 8 Existing Module - M Install
Windshield
28 101222 W/ Shield Glass Remove/ Glass INC# 2. 7 Aftermarket DW02177GT 1 $ 463. 54 Yes Replace New Y
29 AUTO Add w/ Rain Sensor Remove / Body 0. 3 0.3
Replace
30 AUTO Add W/Humidity Sensor Remove / Body 0.3 0.3
Replace
31 101231 R W/Shield Pillar Garnish Remove / Body INCr 0.3 Existing Install
32 101232 L W/ Shield Pillar Garnish Remove / Body INCr 0. 3 Existing Install
33 101244 R W/ shield Wiper Blade Remove / Body INC# 0.2 New 68082554AA 1 $ 119. 00 Yes Arm Replace
Instrument Panel
34 102086 Instrument Panel Assy - M Remove / Mechanical 4. 5 4. 5 Existing Install
Center Console
35 102087 Console Remove / Body 0.6 0. 6 Existing
Install
Rocker/ Pillars / Floor
36 101303 R Door Opening Panel Repair Body 7. 0*# 20. 8 Existing 37 900501 dented trough out transfer
along roof rail
Committed On Version
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LABOR PART
Line# Description Operation Type Total Units CEG Type Number Qty Total Price Tax 38 AUTO R Door Opening Panel Refinish Refinish 3. 8 C 3. 8 Existing Complete Only
39 101304 L Door Opening Panel Repair Body 7.0`# 20. 8 Existing 40 900501 dented trough out transfer
along roof rail
41 AUTO L Door Opening Panel Refinish Refinish 3. 8 C 3. 8 Existing Complete Only
42 102049 R Rocker Moulding Remove / Body 0. 4 0.4 Existing Install
43 102050 L Rocker Moulding Remove / Body 0. 4 0.4 Existing Install
44 101389 R Rocker Moulding Remove / Body 0.0 0.0 New 6509049AA 7 $ 49. 00 Yes Retainer (7 @ $ 7.00) Replace
45 101390 L Rocker Moulding Remove / Body 0.0 0. 0 New 6509049AA 7 $ 49.00 Yes Retainer ( 7 @ $ 7.00) Replace
46 101397 R Ctr Pillar Trim Panel Remove / Body 0.8r 0.8 Existing Install
47 101398 L Ctr Pillar Trim Panel Remove / Body 0.8r 0.8 Existing Install
Front Seat
48 102045 R Seat Assy
49 102046 L Seat Assy
Remove / Body
Install
Remove / Body
Install
INC
INC

0.4 Existing

0.4 Existing
Front Door
so 101467 R Frt Upr Door Adhesive Remove / Body 0. 2 0. 2 New 57010504AM 1 $ 110. 00 Yes Moulding Replace
s1 101468 L Frt Upr Door Adhesive Remove / Body 0. 2 0.2 New 57010505AM 1 $ 105. 00 Yes Moulding Replace
Rear Door
52 100004 R Rear Door Outside Blend Refinish 0. 9 C 1. 1 Existing 53 101102 L Rear Door Outside Blend Refinish 0. 9 C 1. 1 Existing sa 100735 R Rear Otr Door Belt Remove / Body 0.2 0.2 Existing Moulding Install
55 100736 L Rear Otr Door Belt Remove / Body 0.2 0. 2 Existing Moulding Install
56 100745 R Rear Door Trim Panel Remove / Body 0. 4 0. 4 Existing Install
57 100746 L Rear Door Trim Panel Remove / Body 0.4 0.4 Existing Install
58 100763 R Rear Otr Door Handle Remove / Body 0.3# 0.3 Existing Install
59 100764 L Rear Otr Door Handle Remove / Body 0.3# 0. 3 Existing Install
Roof
60 101694 Roof Panel Remove / Body 19. 0 19.0 New 68250100AA 1 $ 910. 00 Yes Replace
61 Auro Roof Panel Outside Refinish Refinish 2. 5 C 2. 7 Only
62 AUTO Add To R& I/ R& R Side Remove / Mechanical 1. 6 1. 6 Curtain Air Bags - M Replace
63 101697 Roof Reinforcement Bow Remove / Body 1. 0 1. 0 New 68044570AC 1 $ 45. 85 Yes Replace
Back Window
64 101651 Back Window Glass
Committed On Version
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Remove / Glass 0. 3#
Install

3. 3 Existing
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LABOR PART
Line# Description Operation Type Total Units CEG Type Number Qty Total Price Tax Quarter Panel
65 100290 R Quarter Outer Panel Repair Body 5. 5'# 17. 2 Existing 66 AUTO R Quarter Panel Outside Refinish Refinish 1. 9 C 2. 3 Existing Only
67 100291 L Quarter Outer Panel Repair Body 1. 5'# 17. 7 Existing 68 900501 sctrached from tree
69 AUTO L Quarter Panel Outside Refinish Refinish 1. 9 C 2. 3 Existing Only
70 102843 R Quarter Shield Remove / Body 0.4r 0.4 Existing Install
71 102844 L Quarter Shield Remove / Body 0. 4r 0.4 Existing Install
72 900500 basecoat deduction Refinish Refinish' - 0.3' 0.0 Existing Only
73 900501 Modified Refinish
74 900500 basecoat deduction Refinish Refinish` - 0. 3* 0. 0 Existing Only
75 900501 Modified Refinish
Luggage Lid
76 101796 Luggage Lid Spoiler Remove / Body INC# 0.4 Existing Install
77 101797 Luggage Trim Panel Remove / Body 0. 3 0. 3 Existing Install
78 101799 Luggage Lid Panel Repair Body 4. 0' 1. 8 Existing 79 AUTO Luggage Lid Outside Refinish Refinish 2.0 C 2. 4 Existing Only
so 102839 Luggage Lid Spoiler Remove / Body 0.4# 0. 4 New 5NH39TZZAC 1 $ 1, 160. 00 Yes Replace
a1 900500 basecoat deduction Refinish Refinish' - 0.3' 0.0 Existing Only
82 900501 Modified Refinish
Rear Lamps
83 100462 R Rear Combination Lamp Remove / Body INC# 0.6 Existing Install
84 100463 L Rear Combination Lamp Remove / Body INC# 0.6 Existing Install
as 100904 Rear Combination Lamp Remove / Body 0. 4# 0.4 Existing Install
Rear Bumper
86 100894 Rear Bumper Cover Remove / Body 1. 6# 1. 6 Existing Install
Additional Costs & Materials
87 Auro Paint/ Materials Additional $ 1, 011. 50* Yes
Cost
ea AUTO Hazardous Waste Additional 5. 00" Yes
Disposal Cost
89 936001 Towing Additional $ 170.00*
Cost
Additional Operations
90 AUTO Clear Coat
Special / Manual Entry
91 900500 FLEX ADDITIVE
Canmltted On Version
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11: 53AM OEM DEC 21 V
Additional Refinish 5. 6 0.0 $ 0. 00
Operation
Remove / Body* 0.0* 0.0 Aftermarket ** QUAL REPL 1 $ 8. 00' Yes Replace New PART
Mitchell Cloud EstimatingTht
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Line #
92 900500
93 900500
94 900500
95 900500
Description

COVER CAR FOR

OVERSPRAY

MASK JAMBS, OPENING,
ENTRY

TINT COLOR TO MATCH
Pre Scan
96 900500 Post Scan
97 900500 URETHANE KIT
98 900500 URETHANE KIT
99 9005D0 BAG INTERIOR FOR

WELDING
100900500 DISCONNECT BATTERY

TERMINALS
101900500 SEAM SEALERS
102900500 glass clean up
Judgment Item
T Included in Two Tone Calculation
Labor Note Applies
d Discontinued by Manufacturer
Parts Vendors

KEYSTONE KEYSIQ
12325 KERREN ST. STE. C
POWAY CA 92064
858) 547- 4401 ( Work)
800) 995- 7550 ( Work)
Line Part #
10 CH1200384C
Operation
Additional
Labor
Additional
Labor
Repair
Additional
Labor
Additional
Labor
Remove /
Replace
Remove /
Replace
Remove /
Replace
Repair
Remove /
Replace
Repair
LABOR
Type Total Units
Body' 0. 0'
Body' 0. 5'
Body' 0. 5"
Mechanical' 0. 5'
Mechanical' 0. 5'
Glass' 0.0"
Glass' 0. 0'
Body` 0.3'
Body" 0. 2'
Body' 0. 3'
Body` 1. 0'
CEC Type

0.0 Sublet

0.0 Existing

0. 0 Existing

0.0 Aftermarket
New

0.0 Sublet

0.0 Existing

0. 0 Aftermarket
New

0. 0 Existing
C Included in Clear Coat Calculation
A Included in Clear Coat and Two Tone Calculation
r CEG R& R Time Used for this Labor Operation
Verify the part number and price before ordering
Total
Price
106. 00

SAFELITEWAWANESA ( A)

WWNS PRICING TYPE A
COLUMBUS OH 43235
888) 800- 4527 ( Work)
Line Part #
PART
Number
Sublet
Sublet 1 $ 10. 00'
1 0
0 QUAL REPL 1 $ 18. 00'
PART
QUAL REPL 1 $ 18. 00"
PART
Sublet 1 $ 5. 00'
1 QUAL REPL 1 $ 20. 00'
PART
28 DW02177GTY
Qty Total Price
1 $ 10. 00'
Total
Price
463. 54
Yes
Yes
Yes
Disclaimer: This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Any warranties applicableto these replacement parts are provided by the manufacturer or distributor of the parts, rather than by the original manufacturer of your vehicle.

Estimate Totals
Labor Totals
Body Labor $ 3, 480. 80
Refinish Labor $ 1, 387. 20
Mechanical Labor $ 674. 50
Glass Labor $ 13. 80
Total Labor $ 5, 556. 30
Can nutted On
12/ 9/ 2021
11: 53 AM
VerSarl
Mitchell Estimating 21.4
OEM DEC 21_V
Units Rate SubletAdd' IAmount

72. 1 $ 48.00 $ 20.00

28. 9 $ 48. 00

7. 1 $ 95. 00

0.3 $ 46. 00
108. 4
Mitchell Cloud Estimating."
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Estimate Totals
Parts Amount
Taxable Parts $ 3, 383. 89
Costs Amount
Other Additional Costs $ 175. 00
Paint Materials $ 1, 011. 50
Paint Materials Rate: $ 35. 00
Rate Max: 99,9 units
Additional Rate: $ 0.00
Gross Totals Amount
Gross Total $ 10, 516. 72
Adjustments Amount
Deductible-$ 500. 00
Total Customer
Responsibility
Taxable $ 0. 00
Tax 0. 0000% $ 0. 00
Non -Taxable $ 5, 556. 30
Labor Total $ 5, 556. 30
3, 383. 89
Parts Adjustments $ 0. 00
Tax 8. 7500% $ 296. 09
Non -Taxable $ 5. 00
Parts Total $ 3, 684. 98
175. 00
1, 011.50
Taxable $ 1, 016. 50
Tax 8.7500% $ 88. 94
Non -Taxable $ 170. 00
Costs Total $ 1, 275. 44
10, 516.72
Taxable $ 4, 400. 39
Tax $ 385. 03
Non -Taxable $ 5, 731. 30
Gross Total $ 10, 516. 72
500. 00
500. 00
Net Estimate Total $ 10,016. 72
Please note: if any of the fol lowing operations are listed on the estimate, the labor time associated with them is not used in determining the amount of paint materials: Drill & Install ornamentation, Undercoating, Restore corrosion protection, Taped stripe, Finish sand and buff, De -nib and polish, Maskforoverspray.

This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Wawanesa General Insurance Company warrants that non -original equipment manufacturer replacement crash parts are at least equal to the original equipment manufacturer parts in terms of kind, quality, safety, fit, and performance. Any warranties applicable to these replacement parts are provided by the manufacturer or distributor of the parts, rather than by theoriginal manufacturer of your vehicle.

We are prohibited by law from requiring that repairs be done at a specific automotive repair dealer. You are entitled to select the auto
body repair shop to repair damage covered by us. We have recommended an automotive repair dealer that will repair your damaged vehicle. We recommend you contact any other automotive repair dealer you are consideringto clarify any questions you may have regarding services and benefits. If you agree to use our recommended automotive repair dealer, we will cause the damaged vehicle to be restored to its condition prior to the loss at no additional cost to you other than as Committed Co Version
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stated in the insurance policy or as otherwise allowed by law. If you experience a problem with the repair of your vehicle, please contact us immediately for assistance.

AUTO BODY REPAIR CONSUMER BILL OF RIGHTS
ACONSUMER IS ENTITLED TO:

1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY SHALL NOT REQUIRE THE REPAIRS TO BE DONE ATASPECIFICAUTO BODY REPAIR SHOP.

2. AN ITEMIZED WRITTEN ESTI MATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AND INVOICE MUST ALSO IDENTIFYALLPARTSAS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT.

3. BE INFORMED ABOUT COVERAGE FOR TOWING AND STORAGE SERVICES.

4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEH ICLE WH ILE A DAMAGED VEHICLE IS BEING REPAIRED.

5. BE INFORMED OF WH ERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS.

6. SEEK AN D OBTAIN AN INDEPENDENT REPAIR ESTIMATE DIRECTLY FROM A REGISTERED AUTO BODY REPAIR

SHOP FOR REPAIR OFA DAMAGED VEHICLE, EVEN WHEN PURSUING AN INSURANCE CLAIM FOR REPAIR OF THE VEHICLE.

COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints concerningthe repair of a vehicle by an auto body repair shop should be directed to:

Toll Free ( 866) 799- 3811
Bureau of Automotive Repair
10949 North Mather Blvd.

Rancho Cordova, CA 95670
The Bureau of Automotive Repair can also accept complaints over its web site at: www.autorepair. ca.gov

COMPLAINTS WITHIN THE JURISDICTION OFTHECALIFORNIA INSURANCE COMMISSIONER Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at:
800) 927- 4357 or (213) 897- 8921
California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA 90013
The California Department of Insurance can also accept complaints over its web site at: www.insurance. ca. gov Disclaimer: For your protection California law requires the following statement to appear on this form. Any person who knowingly presents false orfraudulent claim for the payment of a loss is gui Ity of a crime and may be subject to fines and confinement in state prison.

Committed On Version
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CAD/Ti Page 1 of 2
Detailed History for Police Inc# #HI213410029 As of 1/ 20/ 2022 10: 24: 32 Output for: G1440
Priority:3 Type:COUNTR - COUNTER RPT
Location: CHURCH AVE/BASELINE ST HIG <7300/ 27500>
Created: 12/ 07/ 2021 08: 58: 48 EC27 I7080
Entered: 12/ 07/ 2021 09: 01: 37 EC27 I7080
Dispatch: 12/ 07/ 2021 09: 49: 36 ECO4 C3705
Enroute: 12/ 07/ 2021 09: 49: 36 ECO4 C3705
Onscene: 12/07/ 202109: 59: 03 IMHIP01 F5129 Control:
12/ 07/ 2021 10:08: 27 MHIP01 F5129 Closed:
12/ 07/2021 10:10: 52 MHIP01 F5129 IC:

PrimeUnit: 13P21 Dispo: NAT Type: COUNTR - COUNTER RPT Jur:

HI Group: HI Squad Area:H12 RptDist: HI017 D Detail 08:
58: 48pst CREATE Location: CHURCH AVE/BASELINE ST, HIG Type: COUNTR Inf/Name: 11111DALGO, ANNA Phone Group: HI RD: HI017 TypeDesc: COUNTER RPT LocDesc: <7300/ 27500> Priority: 3 Response: 1PAT Jur:HI LocType: H RPCont: Y GeoLong:- 117. 204403 GeoLat:

34.121238 09:
01: 37 ENTRY Text: ATREE BRANCH FELL ON RP'S SON' SVEH ON THE 26TH 1/ HER INSURANCE IS

REQ SHE GET LE REPORT // SHE WILL BE WAITING INTHE PLOT FOR CTC IN A GRY HYUN SD RENTAL CAR 09:
01: 37 VEH V#: 1 VehCol: GRY Year: 2017 Make: DODG Modeh: DODG- CHA Misc: SON'S VEH 09:
01: 37 VEH V#:2 VehCol: GRY Make: HYUN Style:SD 09:
01: 37 SUBJ S#:1 Name: JARAMILLO, GIOVANNI 99:
01: 38 -SELECT 09:
01: 38 RFT Name: JARAMILLO , GIOVANNI Repeat: Yes 09:
01: 37 -PREMIS Text: PPR 09:
01: 48 HOLD 09:
01: 59 INFO 09:
01: 59 SUBJ S#:1 Sex: M Name: JARAMILLO, GIOVANNI Misc:SON 09:
01: 59 RFT Name: JARAMILLO , GIOVANNI Sex:M Repeat: Yes 09:
02: 00 NOMORE 09:
33: 15 HOLD 09:
49: 36 DISPER 13P21 Operator: F5129 OperNames: LOPEZ, CHARLES 09:
49; 36 -PRIU 13P21 09:
59: 03 *ONSCN 13P21 10:
03: 38 *RFT 13P21 InvType: SNS Name: JARAMILLO, GIOVANNI Sex:M DOB: 092697 10:
03: 39 *RFT 13P2I Text:INQUIRY SNSINV,JARAMILLO, GIOVANNI,,,M,09/26/1997,„,X,X,X„X,,,,,,,, 10:
08: 10 *RFT 13P21 Text: INQUIRY CADQ,,,,,,,,,,,, 8PHJ850,,,,,,,,,, 10:
08: 27 *OK 13P21 10:
10: 52 *CLEAR 13P21 Dispo: NAT Text:R/P STATED ON 11/ 26/ 21 HE WAS DRIVING NEAR THE AREA OF

CHURCH ST AND BASELINE ST WHEN ATREE BRANCH FELL ONTOP OF HIS VEHICLE DUE TO THE HIGH WINDS. R/P TOOK PHOTOGRAPHS OF THE INCIDENT

BUT DID NOT CALL LAW ENFORCEMENT DUE TO THE HIGH WINDS AND HIM BEING AFRAID. R/P WANTED DOCUMENTATION TOPROVIDE INSURANCE COMPANY. R-0 10:
10: 52 -PRIU 13P21 10:
10: 52 -CLEAR 10:
10: 52 *CLOSE http://
shr- tsd- sr052/ PRD792/ Htm1/Sy stemDocs/ CADlnterface. aspx?_CMD= IHQ&QQQ=... 1/ 20/ 2022 -17-

MS WAWANESA MUTUAL INS
Bill To: WW13247

WAWANESA MUTUAL INS
ATTN: PHILISHA OLATUNJI
9050 FRIARS RD SUITE 100
SAN DIEGO, CA 921085800
RENTER INFORMATION:

Renter:

Address:

HIDALGO, ANNA
Home Phone:

Office Phone:

RENTAL INFORMATION:

Rental Branch Location:

ENTERPRISE RENT- A- CAR( 3269)
1325 INDUSTRIAL PARK AVE
REDLANDS, CA 923742826
ADDITIONAL CLAIM INFORMATION:

Claim Number: 000000001849431
Claim Type: Insured
Vehicle Condition: Non -Driveable
Date Of Loss: 11/ 25/ 2021
Insured Name: HIDALGO, ANNAMARIE
Owner' s Vehicle: 2017 DODGE
WAW TRANS ID:: WMIC: 2493681
Policy Max Date:

DRP Y/ N?:

Repair Facility:

CALIBER # 0005 REDLANDS
REDLANDS, CA 92373
909) 793- 3442
VEHICLES RENTED:

Effective Date Time Year
11/ 29/ 2021 5: 11 PM 2020
Rental Company:

Invoice:

Alternate Invoice
Number:

Enterprise Rent- A- Car
3269D51 YQRY
51 YQRY
RENTAL DETAIL:

Rental Period: 11/ 29/ 2021 to 12/ 30/ 2021 ( 32 days)
Billed Period: 11/ 29/2021 to 12/28/ 2021 ( 30 days)
Description Quantity Rate Amount
TIME & DISTANCE 32 $ 25. 97 $ 831. 04

VEHICLE LICENSE

RECOVERY FEE

SALES TAX
32 $ 1. 75 $ 56. 00
1 8. 75% $ 72. 72
Total Charges: $ 959.76
Less Amount Received: $ 59. 99
Total Amount Due: $ 899. 77
HYUN ONHIVIN [ Mileage
Rental Invoice
Please Retum This Portion with Remittance
Make Payment To:

ENTERPRISE RENT -A -CAR (V499)
709 MILNER AVE
SCARBOROUGH, ON M1B 6B6
Federal ID:

Total Charges:

Less Amount Received:

Total Amount Due
Please Include on your Check:

Invoice: 3269D51YQRY
959. 76

59.99 899.77
-18-
NOTEBOOK:
12/ 31/ 21 11: 58 AM Updated By: CALIBER # 0005 REDLANDS From ARMS® Automotive Partner.

Revised Target Date from Shop
Estimated Completion Date is 1/ 17/ 22.
12/ 30/ 21 11: 19 AM Updated By: CALIBER # 0005 REDLANDS From ARMS® Automotive.

Waiting on Parts
Estimated Completion Date is 1/ 14/ 22.
12/ 28/ 21 11: 41 AM Updated By: CALIBER # 0005 REDLANDS From ARMS® Automotive.

Waiting on Parts
Estimated Completion Date is 1/ 14/ 22.
12/ 21/ 21 3: 05 PM Updated By: CALIBER # 0005 REDLANDS From ARMS® Automotive Partner.

Revised Target Date from Shop
Estimated Completion Date is 1/ 14/ 22.
12/ 20/ 21 1: 57 PM Updated By: CALIBER # 0005 REDLANDS From ARMS® Automotive.

Sublet Work Waiting on Vendor
Estimated Completion Date is 1/ 14/ 22.
12/ 17/ 21 10: 53 AM Updated By: CALIBER # 0005 REDLANDS From ARMS® Automotive.

Sublet Work Waiting on Vendor
Estimated Completion Date is 1/ 14/ 22.
12/ 15/ 21 11: 38 AM Updated By: CALIBER # 0005 REDLANDS From ARMS® Automotive.

Sublet Work Waiting on Vendor
Estimated Completion Date is 1/ 7/ 22.
12/ 9/ 21 3: 07 PM ARMS® Auto RO Rec On 12/ 09 @ 03: 07 PM ( CST) RO# was updated to: 5027769
Total Hours -- 108. 4 / Total Cost —$ 10516. 72
Labor Hours changed from 1. 0 to 108. 4
RO Original Date- 01/ 07/2022
Updated By: CALIBER # 0005 REDLANDS
From ARMS® Automotive Partner.

Revised Target Date from Shop
Estimated Completion Date is 1/ 7/ 22,
12/ 8/ 21 9: 18 AM Updated By: CALIBER # 0005 REDLANDS
From ARMS® Automotive.

Waiting on Parts
Estimated Completion Date is 12/ 3/ 21
Note to repair facility - Hi Shop,
12/ 7/ 21 11: 06 AM Please provide the target date, stage of repair, and if there were any repair delays such as part delays, etc. If part delay please confirm part name, Thanks
ARMS® Auto RO Rec On 12/ 07 @ 11: 06 AM ( CST)
RO# was updated to: 5027769
Total Hours -- 1. 0 / Total Cost --$ 366.00
Labor Hours changed from 0. 0 to 1. 0
12/ 7/ 21 7: 59 AM Updated By: CALIBER # 0005 REDLANDS
From ARMS® Automotive.

Waiting on Parts
Estimated Completion Date is 12/ 3/ 21.
12/ 2/ 21 9: 49 AM Updated By: CALIBER # 0005 REDLANDS
From ARMS@ Automotive.

Disassembly/ Tear Down
-19-
Estimated Completion Date is 12/ 3/ 21.
12/ 1/ 21 7: 09 PM ARMS® Auto RO Rec On 12101 @ 07:09 PM ( CST) RO# was updated to: 5027769
12/ 1/ 21 7: 05 PM Updated By: CALIBER # 0005 REDLANDS
From ARMS® Automotive Partner\
Vehicle On Track For Current Completion Date
Estimated Completion Date is 11/ 29/ 21.

ARMS® Auto RO Rec On 12/ 01 @ 07: 05 PM ( CST)
RO# was updated to: 5027769
Total Cost --$ 300. 00
RO Date - in- 11/ 29/ 2021
RO Original Date- 11/ 29/2021
12/ 1/ 21 8: 37 AM Updated By: CALIBER # 0005 REDLANDS
From ARMS® Automotive.

Assignment Sent, Waiting on Vehicle
All times are in CST
-20-
DATE:

FROM:

REVIEWED BY:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

PUBLIC NOTICE:

BACKGROUND:

STAFF REPORT

TO THE CITY COUNCIL
February 22, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/ City Treasurer Leticia Nava -Cruz, Accounting Supervisor
Warrant Register # 738
City Council to approve Warrant Register # 738; Warrants in the amount of 1, 568, 398. 33 and Payroll in the amount of $ 104, 150. 20.

The total of Cash and Expenditures is $ 1, 672, 548. 53.

The agenda for this item was posted at the three required locations.

See Printouts Attached.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
r Absent y3
City Clerk City Manager
-1-
Warrants:

Payroll:

CITY OF HIGHLAND
WARRANT REGISTER # 738
February 22, 2022
2/ 8/2022 Ck#84569-84625
2/ 11/ 2022 Payroll Wire # 651- 654 & Ck # 84626- 84628 2/ 15/ 2022 Ck# 84629- 84674
2/ 11/ 2022 Direct Deposits # 11513- 11555
2/ 11/ 2022 Ck # 654
APPROVED BY:

Larry McCallon
Finance Subcommittee
John Timmer
Finance Subcommittee
1, 147, 319. 98
59, 012. 87
362, 065. 48
Total Warrants $ 1, 568, 398. 33
103, 864. 48
285. 72
Total Payroll $ 104, 150. 20
Total Warrants & Payroll $ 1, 672, 548. 53
Joseph •. ughes
City - nager
Chuck Dantuono
Director of Administrative
Services/ City Treasurer
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-41-

STAFF REPORT

TO THE CITY COUNCIL
DATE: February 22, 2022
FROM: Joseph A. Hughes, City Manager
PREPARED BY: Chuck Dantuono, Director of Administrative Services/ City Treasurer ? 52 SUBJECT: Treasurer' s Report for January 2022
RECOMMENDATION: City Council to receive and file the Treasurer' s Report for January 2022 FISCAL IMPACT: Cash and Investments:

General Fund $ 9, 279, 590. 71
Special Revenue Funds $ 34, 995, 203. 66
Internal Service Funds $ 4, 324, 828. 00
Capital Projects Funds $ 19, 587, 446. 95
Agency Funds $ 1, 824, 209. 08
Housing Authority Fund $ 3, 704, 463. 03
SARDA Funds $ 3, 859,483. 06
PUBLIC NOTICE: The agenda for this item was posted at the three required locations.

BACKGROUND: Increases in the checking account were due to revenues received plus funds wired from LAIF and CAMP. Decreases in the checking account were a result of payments to vendors, payroll and funds wired to LAIF, CAMP and U. S. Bank.

Increases in the fiscal agent accounts ( US Bank) resulted from interest and bond payment receipt.

Decreases resulted in vendor payments and debt service payments.

Increases in the CAMP account were due to interest received. Decreases were a result of funds being wired to the city' s checking account primarily for payment of public works projects.

The maximum limit on regular accounts is $ 65M.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes
Tabled Abstain
l
Absent
City Clerk
File No.

City Manager
-1-
CASH AND BANK ACCOUNTS:

Cash on Hand - Office Petty Cash & Change Fund Accounts Wells Fargo Checking Account

DESCRIPTION

CITY OF HIGHLAND
Treasurer' s Report
as of January 31, 2022
1, 150. 00
22, 286, 559.35

MATURITY PAR ORIGINAL

PERIOD YIELD VALUE COST
INVESTMENTS: LOCAL GOVERNMENT INVESTMENT POOLS
California Treasurer' s Local Agency Investment Fund ( LAIF) n/ a 0. 234% General Fund
Special Revenue Funds
Internal Service Funds
Capital Projects Funds
4, 584, 696. 01
18, 122, 490. 00
4, 535,415. 00
13, 499, 359. 00
Total City LAIF Funds 40, 741, 960. 01
Housing Authority Fund 3, 555, 043. 33
Total Housing Authority LAIF Funds 3, 555, 043. 33
Total LAIF Funds 44, 297, 003. 34
1) Maximum limits on accounts are $ 65M City and $ 65M Housing Authority. 2) Quarterly interest earnings are deposited directly to accounts. 3) Funds are available within 24 hours or less depending on time of wire. 4) Pooled Money Investment Board Report dated December 2021 on- line for listing of investments. 5) Market Value is based on the December 31, 2021 applicable percentage of 0. 997439120. 6) Market Value is $ 44, 183, 564. 03 ($ 44, 297,003. 34 x 0. 997439120).

California Asset Management Program ( CAMP)
General Fund
Special Revenue Funds
Capital Projects Funds
INVESTMENTS: FISCAL AGENT ACCOUNTS
n/ a 0. 050%
131, 782. 94
1, 554, 333. 00
5, 700, 760.00
Total CAMP Funds 7, 386, 875. 94
US Bank Corporate Trust Services ( Community Facilities Districts) Community Facilities District ( CFD)_ 90- 1
Administrative Expense Fund # 128262- 011
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 92, 810. 90 92, 810. 90 Fire Protection Expense Fund # 128262- 012
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 265, 665. 25 265, 665. 25 Police Protection Expense Fund # 128262- 013
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 98, 259. 80 98, 259. 80 Community Facilities District ( CFD) 2001- 1
Special Tax Fund # 217795000
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 202, 756. 68 202, 756. 68 Interest Account # 217795001
US Bank Money Market Account CUSIP # BAMMFOAP6 n/ a 0. 00% Principal Account # 217795002
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% Administrative Expense Account #217795003
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 19, 750. 47 19, 750. 47 Costs of Issuance Fund # 217795005
US Bank Money Market Account CUSIP # 8AMMFOAP6 n/ a 0. 00% 12, 519. 27 12, 519. 27 Community Facilities District ( CFD) 2007- 1
Administrative Expense Fund # 260722000
US Bank Money Market Account CUSIP # 8AMMF0390 n/ a 0. 00% 8, 648. 16 8, 648. 16 Fire Expense Fund # 260722001
US Bank Money Market Account CUSIP # 8AMMF0390 n/ a 0. 00% 13, 127. 93 13, 127. 93 Police Expense Fund # 260722002
US Bank Money Market Account CUSIP # 8AMMF0390 n/ a 0. 00% 4, 856. 05 4, 856. 05 TOTAL INVESTMENTS US BANK (COMMUNITY FACILITIES DISTRICTS) 718, 394. 51 1 -2-

DESCRIPTION

MATURITY PAR ORIGINAL

PERIOD YIELD VALUE COST
INVESTMENTS: FISCAL AGENT ACCOUNTS ( continued)
US Bank Corporate Trust Services (SARDA)
2004B Tax Allocation Refunding Bonds
Special Fund 786709001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% 3. 45 3. 45 Interest Fund 786709002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% 0. 10 0. 10 Principal Fund 786709003
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% - Reserve Fund 786709004
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 01% 176, 426. 31 176,426. 31 2015A Tax Allocation Refunding Bonds
Special Fund 268777000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% 1. 96 1. 96 Interest Fund 268777001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% - Principal Fund 268777002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% - Reserve Fund 268777004
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 01 % 956, 945. 30 956, 945. 30 Expense Account 268777006
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 01% 13, 504. 85 13, 504. 85 2017 Tax Allocation Refunding Bonds
Debt Service Fund 259928000
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 01% 1, 738, 359. 38 1, 738, 359. 38 Interest Fund 259928001
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% Principal Fund 259928002
Federated Treasury Obligations CUSIP # 60934N872 n/ a 0. 00% TOTAL INVESTMENTS US BANK ( SARDA) 2, 885, 241. 35
TOTAL CASH AND INVESTMENTS 77, 575, 224. 49
All investments are placed in accordance with City of Highland' s Investment Policy and Guidelines. The above summary provides sufficient cash flow liquidity to meet t - next six month' s estimated expenditures. This report is in accordance with Government Code Section 53646.

SIGNED:

Joseph . ughes

CIT -' NAGER
SIGNED:

Chuck Dantuono

DIRECTOR OF ADMINISTRATIVE

SERVICES/ CITY TREASURER
2 -3-
Treasurer' s Report
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-6-
DATE:

FROM:

PREPARED BY:

SUBJECT:

STAFF REPORT

TO THE CITY COUNCIL
February 22, 2022
Joseph A. Hughes, City Manager
Chuck Dantuono, Director of Administrative Services/City Treasurer Resolution No. 2022- implementing on July 1, 2022, a 5% across- theboard adjustment for all employees ( except interns).

RECOMMENDATION: That the City Council approve Resolution No 2022- implementing on July 1, 2022, a 5% across-the-board adjustment for all employees (except interns) and amending Section 2 of Resolution No. 2021- 020.

FISCAL IMPACT: The total fiscal impact of the across-the-board adjustments for all funds for fiscal year 2022- 2023 will be $ 98, 400 in salaries and $ 15, 761 in benefits ( this is calculating salaries at the E- step). There is adequate funding in the budget to cover the costs of these adjustments.

PUBLIC NOTICE: The agenda for this item was posted at the three required locations.

BACKGROUND: The City Council approved a 2% COLA for fiscal years 2021/ 2022 & 2022/2023 in the 2021- 2023 Biennial Budget. At the time the budget was prepared in March 2021, the Consumer Price Index ( CPI) was at 3. 6%. It jumped to 5. 9% in May 2021 right before the budget was adopted on June 8, 2021. The 2% COLA was implemented for fiscal year 2021/ 2022 on July 1, 2021.

Since then, the CPI has increased to 8. 6% for January 2022. To offset this, the Finance/ Personnel Subcommittee is recommending increasing the 2% COLA already approved for implementation on July 1, 2022, to 5%. The total fiscal impact for this 3% increase for all funds is estimated to be $ 98, 400 in salaries and $ 15, 761 in benefits.

Approved
Denied
Continued
Tabled
Motion Second Agenda Item No.

Ayes
Noes
Abstain
Absent
City Clerk
File No.
-1-
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Los
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Long Beach - Anaheim,
CA
BIMONTHLY
DATA
Published
forodd
months)
San
Diego -
Carlsbad,
CA
Urban
Hawaii
BIMONTHLY
DATA
Published
foreven
months)
Phoenix -
Mesa -
Scottsdale,
AZ4
San
Francisco -
Oakland -
Hayward,
CA
Seattle -
Tacoma -
Bellevue,
WA
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indexes
and
tables
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semiannual
and
annual
average
data
are
available
at:
www.
bls. gov/
regions/
west/
factsheet/
consumerpriceindexdatatables.
htm
Release
date
February
10,
2022.

The
next
release
date
is
scheduled
for
March
10, 2022.

For
questions,
please
contact
us
at
BLSinfoSF@bls.
gov
or (
415)
625-
2270.
-2-
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND,

CALIFORNIA,
ESTABLISHING EMPLOYEE SALARIES AND AMENDING SECTION 2 OF RESOLUTION NO. 2021- 020
WHEREAS, the City Council of the City of Highland has determined it is necessary for the efficient operation and management of the City that salary ranges be established for employees; and
WHEREAS, the City Council wishes to continue the implementation of the Classification and Compensation Plan prepared by the Davis Company; and WHEREAS, the City Council recognizes that it competes in a market place to obtain qualified personnel to perform and provide municipal service, and that compensation and conditions of employment must be sufficiently attractive to recruit and retain qualified employees.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Highland does hereby resolve to:

2. Implement on July 1, 2022, a 5% across the board adjustment for all employees except interns).

PASSED, APPROVED AND ADOPTED this 22nd day of February 2022.

Larry McCallon, Mayor
Attest:

Betty Hughes, City Clerk
-3-
DATE:

FROM:

REVIEWED BY:

PREPARED BY:

SUBJECT:

STAFF REPORT

TO THE CITY COUNCIL
February 22, 2022
Joseph A. Hughes, City Manager
Carlos Zamano, Public Works Director/City Engineer 6i2=--• Melissa Morgan, Public Services Manage
San Bernardino County Municipal Separate Storm Sewer System - National Pollution Discharge Elimination System ( NPDES) Common Interest, Joint Defense, And Confidentiality Agreement Among Permittees RECOMMENDATION: Staff recommends the City Council authorize the Mayor to execute the San Bernardino County Municipal Separate Storm Sewer System - National Pollution Discharge Elimination System ( NPDES) Common Interest, Joint Defense, And Confidentiality Agreement Among Permittees on behalf of the City of Highland.

FISCAL IMPACT: Overall fiscal impacts are not known at this time. However, the costs incurred by San Bernardino County Counsel under this agreement will be paid through the San Bernardino County Area -Wide Stormwater Program Budget which the City contributes its' pro- rata share. The current and next fiscal year budgets do each contain an allocation for this expenditure.

PUBLIC NOTICE: No public notice is required prior to the City Council taking action on this matter.

BACKGROUND: The Municipal Separate Storm Sewer System (" MS4") Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District SBCFCD"), and the sixteen incorporated cities in the Santa Ana River Watershed portion of San Bernardino County. The San Bernardino County Flood Control District is the Principal Permittee. Its' primary responsibilities are to administer the overall stormwater program in conjunction with the cities, lead in the development of programs, act as the liaison with water board staff and prepare the consolidated required reports.

Approved Motion Second Agenda Item No. /
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Manage
-1-
Staff Report: NPDES Joint Defense Agreement
February 22, 2022
Page Two
San Bernardino County and the sixteen incorporated cities are " Co- Permittees" and are responsible to implement individual program elements in their individual jurisdiction and to fiscally support the county -wide program. The permit is regulated under the Santa Ana Regional Water Quality Control Board District 8 (" RWQCB"). The current San Bernardino County MS4 Permit Order No. R8- 2010- 0036, NPDES Permit No.

CAS618036 (" Permit") which expired on January 29, 2015 was administratively extended by the RWQCB until a new permit is issued.

In 2015 in anticipation of review and negotiations in response to the new proposed permit, the SBCFCD initially engaged the services of Chris M. Amantea, Esq. to assist on legal and other issues related to the renewal of the MS4 NPDES Permit, as well as on other matters necessary to representation of the MS4 Permittee Group in connection with negotiating the terms of the next term MS4 Permit.

On February 4, 2022, the Santa Ana Regional Water Control Board conducted a Public Workshop to present the Board Staffs Working Proposal for the next term permit. It is anticipated that the permit will be adopted by the end of 2022 with an effective date of January 2023.

At this time San Bernardino County Counsel has selected the firm of Myers, Nave to further represent the San Bernardino County Flood Control District as the Principal Permittee of the San Bernardino County Stormwater Program. The proposed Common Interest, Joint Defense and Confidentiality Agreement among Permittees (" Agreement") will allow the Parties ( Principal Permittee and Co-Permittees) to establish a common interest group with respect to the Permit Proceedings, preserve to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney -client privilege, the work product doctrine, the joint defense/ common interest privilege, and the deliberative process and official information privileges.

The City Attorney has reviewed and recommends approval of the proposed Common Interest, Joint Defense and Confidentiality Agreement.

Attachments: Common Interest, Joint Defense, And Confidentiality Agreement Among Permittees
-2-

COMMON INTEREST, JOINT DEFENSE, AND

CONFIDENTIALITY AGREEMENT AMONG PERMITTEES
This Common Interest, Joint Defense, and Confidentiality Agreement (" Agreement") effective on January 1, 2022 is entered into by and among San Bernardino County (" County"), the San Bernardino County Flood Control District (" District"), and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa (" Cities") ( collectively the Parties" or individually a " Party").

RECITALS
A. The County, District, and Cities own and/or operate storm water and urban runoff conveyance systems, including flood control facilities, commonly referred to as municipal separate storm sewer systems or storm drains, through which storm water and urban runoff are discharged into waters of the United States that are located within the Santa Ana Region.

B. The District, as Permittee, and the Cities, as Co- Permittees ( jointly " Permittees"), are subject to a National Pollutant Discharge Elimination System (" NPDES") Permit and Waste Discharge Requirements, Order No. R8- 2010- 0036, NPDES No. CAS618036 (" Permit").

C. The Santa Ana Regional Water Quality Control Board (" Regional Board") issued the Permit on January 29, 2010 for a five- year term. The Permit designates the District as Principal Permittee" under the Permit, and the District administers and coordinates many of the permit requirements on behalf of all the Permittees.

D. On June 28, 2011, the Parties entered into an Implementation Agreement to establish an integrated storm water management program (" Program") that included development of a Management Committee to coordinate compliance, including establishing budgets, to set forth the duties ofthe Parties, to provide reimbursement to the District for administrative responsibilities, and to share costs to implement the Program. The Implementation Agreement, attached hereto as Exhibit A, sets forth the percentage of costs that each Party agreed to contribute to implement the Program. The term of the Implementation Agreement coincides with the term of the Permit and expires six months after the Final Permit, as defined below, is approved.

E. To renew the Permit, the Permittees submitted a Report of Waste Discharge for renewal on August 1, 2014.

F. Though the Regional Board has not yet issued a renewal of the Permit, the Permittees continue to implement and comply with the Permit.

G. The Parties believe that the Regional Board may be circulating a draft version of the new permit (" Draft Permit") in approximately January 2022.

H. Each ofthe Parties has a shared common interest in proceedings related to the Draft Permit, including negotiating the terms of the Draft Permit with the Regional Board, participating in the administrative hearing to adopt the Draft Permit as the final permit (" Final Permit"), seeking administrative or judicial review of any terms in the Final Permit that warrant reconsideration, defending any adverse future claims or actions related to the Final Permit, and addressing any and all types oflegal challenges to the Draft or Final Permit (jointly "Permit Proceedings"). Each of the 1 -3-
Parties intends to appear in administrative hearings as well as any potential future actions related to the Draft or Final Permit to represent the common interests of the Parties as well as each Party' s own separate interests, some of which may be unique. Such representation of separate or unique interests is not inconsistent with the common interests of the Parties.

I. Nothing in this Agreement is meant or should be construed to affect a Party' s legal obligation to exercise its independent judgment as required by law concerning the Permit Proceedings.

J. Without admitting any individual or shared liability, and expressly denying same, the Parties here assert that it will best serve their common interests to coordinate their efforts and share certain privileged and confidential information, in order to respond effectively to and negotiate with the Regional Board as well as to address and/or defend claims during the Permit Proceedings by the Regional Board or any parties that become adverse parties. Such coordination of effort and sharing of information is not intended to waive and shall not waive any privilege or protection otherwise applicable.

K. By this Agreement, the Parties seek to establish a common interest group with respect to the Permit Proceedings, preserving to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney -client privilege, the work product doctrine, the joint defense/ common interest privilege, and the deliberative process and official information privileges.

L. The Parties and their respective legal counsel are referred to herein as " the Common Interest Group."
M. The Parties intend for this Agreement to allow for the inclusion of additional members ofthe Common Interest Group with the consent of all Parties.

N. The Parties intend for the scope of this Agreement to include any later -filed related actions that raise or implicate similar interests of the Parties without the necessity of amending this Agreement.

TERMS AND CONDITIONS
Therefore, in consideration of the mutual promises contained and incorporated in the above Recitals in this Agreement, the Parties agree as follows:

1. Purpose. It is the purpose of this Agreement to memorialize the Parties' intentions concerning the exchange of information during the Permit Proceedings, and to support a joint defense and/ or common interest based upon the assertion by the Parties, or any Party, of the attorney -client privilege, work product doctrine, deliberative process and official information privileges, and any other privileges and protections that may apply to any Joint Defense Communications ( as defined in Paragraph 3 below) that may be shared among members of the Common Interest Group. This Agreement addresses the flow, handling, security, and disclosure of documents, data, and oral and written information that are not produced pursuant to formal or informal discovery requests, and that may be exchanged by members of the Common Interest Group. It is the intention of the Parties that the exchange of Joint Defense Communications among the members of the Common Interest Group will not constitute a waiver of any privilege or protection, including without limitation the attorney -client privilege, the attorney work product 2 -4-
doctrine, and the deliberative process and official information privileges. The Parties agree that any consultation between the Parties or among their counsel, and any exchange of work product or other Joint Defense Communications are in reliance on the Parties' common interests, as described herein, and their intent to share information and cooperate in joint defense efforts without waiving any privilege or protection. In this regard, the Parties have agreed to provide reasonable cooperation in the execution oftheir respective duties under this Agreement. However, no obligation to share any documents, data or information is created by this Agreement.

2. Lawsuits. To the extent related to the Permit Proceedings, the Parties expressly state their intention to include in this Agreement any lawsuits related to adverse claims (other than a lawsuit by one Party or Parties against another Party or Parties), that have been or may be filed by or against any Party at any time during the pendency of this Agreement without the necessity of amending this Agreement.

3. Joint Defense Communications.
a. " Joint Defense Communication" means any documents, data, or information including correspondence, reports, studies, memoranda of law and/or fact, factual material and summaries, mental impressions, transcripts, digests, and any other written material or oral information of any kind whatsoever) that relate to matters addressed by this Agreement that any Party receives from any other Party or its officers, partners, employees, agents, consultants, attorneys, representatives, or experts that would otherwise be protected from disclosure to third parties pursuant to applicable legal and evidentiary privileges, including the attorney - client privilege, work product doctrine, and/ or the deliberative process and official information privileges. The Parties intend that all Joint Defense Communications shall remain privileged or protected when communicated to any other Party or its elected officials, officers, partners, employees, agents, consultants, attorneys, representatives, or experts in accordance with the common purpose concepts in California Evidence Code § 912(d) and articulated in California Oak Foundation v. County of Tehama (2009) 174 Cal.App.4th 1217, Raytheon Co. v. Superior Court ( 1989) 208 Ca1.App.3d 683, and Continental Oil Co. v. United States ( 9th Cir. 1964) 330 F. 2d 347, and their progeny. Each of the Parties and counsel agree that all Joint Defense Communications they receive from any Party or its representative shall be treated and maintained by the receiving Party as privileged and confidential, and not disclosed to third parties, except as provided in this Agreement. b. Joint Defense Communications may be disclosed or transferred between any or all of the Parties orally or in writing and by any other appropriate means of communication. The Parties agree that all Joint Defense Communications shared pursuant to this Agreement shall be held in strict confidence by the Parties and by all persons to whom the Joint Defense Communications are disclosed and shall not be disseminated outside the Common Interest Group. All Joint Defense Communications received from Parties pursuant to this Agreement are subject to the joint defense and common interest privileges or protections and must be held in strict confidence by the receiving party and its counsel. The receiving party may disclose Joint Defense Communications only to its counsel, authorized representatives, and those of its board members, councilmembers, supervisors, directors, officers, employees, agents, independent contractors, consultants and retained experts who have a need to know. Each Party agrees that its independent contractors will agree to keep all Joint Defense Communications confidential in accordance with the terms of this Agreement before any Joint Defense Communications is provided to them. If a Party intends to disclose a Joint Defense 3 -5-
Communication only to certain members of the Common Interest Group, the disclosing Party shall specify the members who are entitled to review or receive that information or document. All Parties agree that they will not share or disclose such Joint Defense Communications to any Party or person who is not designated by the disclosing Party.
c. A Joint Defense Communication that is exchanged in written or document form and that is intended to be confidential shall be marked " Confidential: Privileged Communication" or with a similar heading indicating confidentiality. To the extent possible, the header or footer should further list all other privileges and protections that may be applicable to the particular Joint Defense Communication, including the attorney -client privilege, work product doctrine, and/ or the deliberative process and official information privileges. However, failure to mark or identify a Joint Defense Communication as " Confidential: Privileged Communication" or a similar heading shall not constitute a waiver of any applicable legal or evidentiary privilege or protection that may apply.
d. Waiver of the joint defense and common interest privileges or protections are effective only when all Parties unanimously agree to the waiver. Any Party ( the " Disclosing Party") may, without permission from the other Parties, use, for the Disclosing Party' s own purposes, any information that the Disclosing Party disclosed to and shared pursuant to this Agreement. e. Any Party who receives Joint Defense Communications shall not disclose such Joint Defense Communications or the information imparted thereby to any other third party without the express prior written consent of the other Parties. Any unauthorized disclosure of any Joint Defense Communication to any third party shall not constitute a waiver of any applicable privilege or protection. However, no provision in this Agreement shall be construed to limit the right of any Party to disclose any documents or information that such Party obtained through means other than a Joint Defense Communication.
f. Although documents and information that are not otherwise privileged will not gain the protection of any privilege by virtue of being a part of a Joint Defense Communication, each Party shall treat the information as privileged and confidential and shall not disclose to third parties the fact that any particular document or information was shared through a Joint Defense Communication.

4. Permitted Use of Joint Defense Communications. All of the Parties acknowledge and agree that cooperation in the shared purposes and objectives necessarily involves the communication and sharing of confidential information and further agree that their interests are not currently adverse with regard to the subject of this Agreement. They further agree that all Joint Defense Communications received from any other Party shall be used exclusively in connection with the Permit Proceedings. Joint Defense Communications shall not be used or be admissible in any phase of any pre -litigation or litigation involving cross -claims or claims for contribution or indemnity between or among any ofthe Parties if such claims arise from or relate to adverse claims.

5. Permitted Disclosures. In the event that any Party receives a third -party request or demand for Joint Defense Communications received pursuant to this Agreement, by California Public Records Act (" CPRA") request, subpoena, request for production or otherwise, the Party receiving such request or demand shall, prior to making such disclosure: ( a) notify the Parties 4 -6-
pursuant to the notice provision herein; and ( b) assert and exercise diligence in supporting the joint defense and/or common interest doctrines and preserve any and all potentially applicable privileges or other protections from disclosure of the Joint Defense Communications, unless such privileges and protections have been knowingly waived by the Parties or Party who provided the Joint Defense Communications. Each Party shall take reasonable steps necessary to permit the assertion of all applicable rights and privileges with respect to any Joint Defense Communication and shall cooperate fully with all other Parties in any judicial proceeding relating to the disclosure of any Joint Defense Communications. However, the Parties understand and acknowledge that all Parties can still comply with their legal obligations under the CPRA and other document production statutes, if any, without breaching this Agreement, and no Party is required to seek a protective order or otherwise incur legal expense in efforts to oppose such a disclosure of a Joint Defense Communication.

6. Injunction to Prevent Improper Disclosure. The Parties agree that the unauthorized or improper disclosure of Joint Defense Communications to third parties not covered by this Agreement will result in irreparable harm to the Parties. In the event a Party or former Party believes that another Party or former Party is preparing to disclose Joint Defense Communications to third parties not covered by this Agreement, the Party or former Party objecting to such disclosure may seek an injunction to prevent the disclosure of such Joint Defense Communications. Each Party represents and warrants that it will not, in the future, assert that such an injunction is not necessary on the grounds that there is an adequate remedy at law.

7. Joint Consultants or Experts. The Parties agree that if a consultant or expert is jointly hired by the Common Interest Group, or retained by an individual Party for a matter on which a common interest exists with respect to the Permit Proceedings, that consultant or expert is covered by the joint defense and/or common interest doctrines and that privileges or protections applicable to the consultant or expert' s work product or to any Parry' s communications with the consultant or expert shall not be waived by sharing such work product or communications with other Parties to this Agreement. The Parties agree not to seek disqualification of consultants or experts engaged by any other Party or Parties in connection with any future action based solely on the exchange of information pursuant to this Agreement.

8. Good Faith. Each Party agrees to exercise good faith and diligence to implement this Agreement and to maintain the confidentiality of discussions and exchanged Joint Defense Communications consistent with the purposes of this Agreement and the intent of the Party providing the information.

9. Independent Efforts. Nothing in this Agreement shall be construed to restrict the right of a Party to undertake separate investigative efforts or legal research in the defense of any action relating to the Permit Proceedings or any adverse claims related to them. Any Party undertaking such separate efforts shall be free to disclose or use the results of the separate and independent efforts in any manner that Party desires, without the consent of the Parties or any other Party.

10. Withdrawal or Settlement. Any Party may withdraw from this Agreement by delivering written notice to all other Parties, in accordance with Section 13 of this Agreement.

Alternatively, one or more Parties may conclude their involvement in the Permit Proceedings by 5 -7-
reason of settlement or otherwise. Any voluntary withdrawal or settlement does not relieve any Party' s obligation to continue to protect the confidentiality of all Joint Defense Communications, as though all Parties were still active in the Permit Proceedings. Such withdrawal or settlement shall be effective on the date that notice is deemed delivered to all Parties under the notice provision herein. Any Party withdrawing from this Agreement shall no longer have any right of access to any Joint Defense Communications after the date of withdrawal. The withdrawing Party shall either return or destroy all copies of Joint Defense Communications in its possession and shall certify in writing that all such materials have been returned or destroyed, as may be the case. All obligations under this Agreement shall continue to apply to the withdrawing and remaining Parties with respect to any Joint Defense Communications made to or by the withdrawing Parties prior to withdrawal.

11. Termination. This Agreement shall terminate upon the earlier of the following occurrences: ( a) conclusion of all Permit Proceedings evidenced by a final judgment or settlement of administrative or judicial actions related to the Final Permit; (b) upon unanimous written consent to terminate among all then -current Parties; or ( c) withdrawal from this Agreement by all of the Parties.

12. Survival of Obligations. Each Party agrees that all obligations herein, including the obligation to protect the confidentiality of Joint Defense Communications under this Agreement, shall survive the withdrawal from or termination of this Agreement, by settlement or otherwise, and shall remain binding on all Parties notwithstanding their withdrawal or the Agreement' s termination, even ifthe interests of the Parties later become adverse, and regardless of whether the joint defense and/ or common interest doctrines become inapplicable with respect to later communications between the Parties.

13. Notices. Except for changes in contact information, all notices under this Agreement must be in writing and must be sent by e- mail to the addresses set forth in Appendix A or hand -delivered or sent by registered or certified mail, postage pre -paid, return receipt requested, or by FEDEX or other nationally recognized overnight delivery service to each Party. Any notice shall be deemed delivered five ( 5) business days after such mailing date, except that any notice hand -delivered or sent by e- mail or overnight delivery shall be deemed delivered one ( 1) business day after the dispatch date for overnight delivery service. Notices shall be addressed to each Party at the addresses shown for them in Appendix A, with a copy to its respective counsel of record.

Should the contact information for any Party change, then the Party shall provide written notification to all other Parties, either by e- mail or U. S. Mail within thirty ( 30) days of the change.

14. Engagement. Each Party agrees that it will not move to disqualify counsel from accepting future engagements unrelated to Permit Proceedings based solely upon counsel' s receipt of Joint Defense Communication. The Parties agree they will not seek to disqualify counsel from examining or cross- examining any Party who testifies at any proceeding, whether under a grant of immunity or otherwise, because of such attorney' s participation in this Joint Defense Agreement; and that such attorney may use any Joint Defense Communications provided by such Party while the Party was participating in this Agreement, but only consistent with the provisions of this Agreement. Each undersigned counsel to this Agreement represents that he or she has specifically advised his or her respective client of this clause and that such client has agreed to its provisions. 6 -8-

15. Entire Agreement. This Agreement sets forth the entire agreement of the Parties with respect to the subject matter contained herein, and no other terms are binding on the Parties.

16. Modifications. Any modification to this Agreement must be in writing and signed by all of the then -current Parties. This Section does not apply to changes in a Party' s contact information.

17. Remedies. The Parties expressly acknowledge and agree that no adequate remedy is available at law for a breach ofthis Agreement and that in addition to any other remedies available, performance ofthis Agreement may be specifically ordered and/or a breach hereofmay be enjoined, or both.

18. No Admission of Liability or Responsibility. No recital, term, and/or provision in this Agreement shall be construed as an admission of liability or responsibility relating to the adverse claims by any Party.

19. Additional Parties. Additional parties and their counsel may be added to the Common Interest Group with prior written acceptance of such addition by all Parties, which may be provided by e- mail from counsel for the Parties. The addition of a new Party is effected by completion of the " Additional Party Signature Page," attached hereto, and delivery ofthe completed signature page to all other Parties.

20. No Relationships Created. Nothing in this Agreement shall be construed to a) create an attorney -client relationship between any Party and/or counsel to any other Party; b) create any agency relationship among the Parties and/ or their counsel, including a joint venture or partnership; or ( c) affect the separate and independent representation of each Party by its respective counsel according to what each such counsel believes to be in the client' s best interests.

Each Party is responsible for directing its respective counsel and, to the extent the research or work product of any Party' s counsel is disclosed to other Parties in furtherance of the Parties' common interest, such disclosure shall not waive any privileges or protections that apply to the work product, and shall not entitle any Party to move to disqualify the other Party' s counsel due to the performance of such work or because of information obtained in the course of such work.

21. Reservation of Rights and Claims. Notwithstanding any provision of this Agreement, each Party reserves all claims, causes of action, and any and all other rights it has or may have against any other Party, and the Parties do not intend or expect this Agreement to release or to waive those claims or rights.

22. Attorney' s Fees. Except by separate agreement, including but not limited to the Implementation Agreement, each Party shall be responsible for its own attorney' s fees related to this Agreement, any actions required under this Agreement, and actions during or related to the Permit Proceedings.

23. No Compensation. Except by separate agreement, including but not limited to the Implementation Agreement, no Party shall be entitled to any compensation, reimbursement or contribution from any other Party for the participation of its employees, officers, agents, or counsel in the Permit Proceedings.
7 -9-

24. Jointly Drafted. The Parties agree that this Agreement was jointly drafted by each Party, and no inference or rule of construction shall be applied based on the assumption that any individual Party drafted any provision in this Agreement.

25. Counterparts and Signatures. The Parties agree that Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument, and that a photocopy or facsimile may serve as an original.

If this Agreement is executed in counterparts, no signatory hereto shall be bound until both the parties have fully executed a counterpart of this Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement ( whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

26. Severability. If any provision in this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain effective and shall be enforced to the full extent permitted by law.

27. Authority. The undersigned individuals represent that they are authorized to execute this Agreement on behalf of their respective Parties.

28. Choice of Law. This Agreement will be interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law; venue shall be San Bernardino County.

WHEREFORE, the Parties below have executed and entered into this Agreement as of the date indicated and within the jurisdiction noted.

SAN BERNARDINO COUNTY AND

SAN BERNARDINO COUNTY FLOOD

CONTROL DISTRICT
Tom Bunton
County Counsel
San Bernardino County and
San Bernardino County Flood Control District
Date:
8 -10-

CITY OF BIG BEAR LAKE
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
9 -11-
CITY OF CHINO Attest:

By:

By: Name:

Name: Title:

Title: Date:

Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
10 -12-

CITY OF CHINO HILLS
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
11 -13-

CITY OF COLTON
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
12 -14-

CITY OF FONTANA
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
13 -15-

CITY OF GRAND TERRACE
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
14 -16-

CITY OF HIGHLAND
Attest:

By: By:

Name: Larry McCallon
Title: Mayor
Date: February 22, 2022
Approved as to Legal Form:

By:

Name: Maricela E. Marroquin
Title: City Attorney
Date: February 22, 2022
15 Name: Betty Hughes
Title: City Clerk
Date: February 22, 2022
-17-

CITY OF LOMA LINDA
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
16 -18-

CITY OF MONTCLAIR
By:

Name:

Title:

Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
17 Attest:

By:

Name:

Title:

Date:
-19-

CITY OF ONTARIO
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
18 -20-

CITY OF RANCHO CUCAMONGA
Attest:

By:

Name: By:

Title: Name:

Date: Title:

Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
19 -21-

CITY OF REDLANDS
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
20 -22-

CITY OF RIALTO
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
21 -23-

CITY OF SAN BERNARDINO
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
22 -24-

CITY OF UPLAND
By:

Name:

Title:

Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
23 Attest:

By:

Name:

Title:

Date:
-25-

CITY OF YUCAIPA
Attest:

By: By:

Name: Name:

Title: Title:

Date: Date:

Approved as to Legal Form:

By:

Name:

Title:

Date:
24 -26-

ADDITIONAL PARTY SIGNATURE PAGE
WHEREFORE, the Party below has executed and entered into this Common Interest, Joint Defense, and Confidentiality Agreement as ofthe date indicated.

Date: By:

Name:

Title:
25 -27-
Exhibit A
-28-

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
SITTING AS THE GOVERNING BOARD OF THE FOLLOWING:

SAN BERNARDINO COUNTY AND

SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT

AND RECORD OF ACTION
June 28, 2011
FROM: GRANVILLE M. BOWMAN, Director
Department of Public Works — Transportation
And Flood Control Engineer — San Bernardino County Flood Control District SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)

STORMWATER PERMIT IMPLEMENTATION AGREEMENT, SANTA ANA
REGION

RECOMMENDATION( S)

1. Acting as the governing board of the San Bernardino County Flood Control District:
a. Approve the National Pollutant Discharge Elimination System ( NPDES) Stormwater Permit Implementation Agreement No.11- 545 with the County of San Bernardino, and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa ( Co- Permittees).
b. Designate the Flood Control Engineer (or the Flood Control Engineer's designee) as the authorized representative of the San Bernardino County Flood Control District to participate on the Implementation Agreement' s Management Committee and represent the San Bernardino County Flood Control District and vote on Stormwater Management Program budgets and all other program elements required to implement the areawide Municipal Stormwater Management Plan for the duration of the Implementation Agreement.

2. Acting as the Board of Supervisors of San Bernardino County:
a. Approve the NPDES Stormwater Permit Implementation Agreement with the San Bernardino County Flood Control District and the Co- Permittees. b. Designate the Director of Public Works ( or the Director' s designee) as the authorized representative of San Bernardino County to participate on the Implementation Agreement' s Management Committee and represent and vote on Stormwater Management Program budgets and all other program elements required to implement the areawide Municipal Stormwater Management Plan for the duration of the Implementation Agreement.

Affected Districts: AIL)
Presenter: Annesley Ignatius, Deputy Director, 387- 7906) cc: Flood -Kim w/ agree
Contractor c/ o Flood w/ agree
Auditor-Accts Pay Mgr w/ agree
EBIX- BPO c/ o Risk Mgmt
PW- Bowman; Ignatius
CAO- Valdez
File - w/ agree
ill 08/ 02/ 11
ITEM 94
Rev 4- 1 G- 11

Page 1 of 4 ends

of the Board of Supei isor
SENT
upery
ontr
-29-

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)

STORMWATER PERMIT IMPLEMENTATION AGREEMENT, SANTA ANA
REGION
JUNE 28, 2011
PAGE 2 OF 4

BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES
Improve County Government Operations.

Operate in a Fiscally - Responsible and Business - Like Manner.

Ensure Development of a Weil -Planned, Balanced, and Sustainable County.

Provide for the Health and Social Services Needs of County Residents.

Pursue County Goals and Objectives by Working with Other Governmental Agencies.

FINANCIAL IMPACT
Approval of this item will result in no additional Net County Cost. The cost -share formula delineated within the Implementation Agreement is based on three main factors ( a) equal distribution base ( b) population and ( c) land area. Each program element is placed into the categories specified in the table below, and costs are then allocated according to the percentages shown.

Program Tasks Base Population Land area
I Monitoring 10% 30% 60%
Public Education 10% 80% 10%
Program Management 30% 50% 20%
Training 30% 60% 10%
The County of San Bernardino' s ( County) percentage of the area -wide program costs for Fiscal Year ( FY) 2011- 12 will be reduced from 13%, as defined under the current agreement, to 11%, based on the revised cost -share formula. The San Bernardino County Flood Control District' s District) cost -share percentage remains unchanged at 5%. Funding is available from the District budget and the County to provide for these cost-share( s). The remaining 84% will be funded by the sixteen Co- Permittee cities.

The amount to be funded for the program budget for FY 2011- 12 is $ 2, 048, 500. These costs will be jointly funded by the Permittees under this Implementation Agreement. The County' s, District' s, and the Cities' share of the cost will be $ 227, 400, $ 102, 600, and $ 1, 718, 500, respectively. These costs will be paid from a special revenue fund, RLF, established by the District to separately account for activity related to the NPDES program. Sufficient appropriation and revenues have been included in the FY 2011- 12 Recommended Flood Control budget to cover these expenses.

BACKGROUND INFORMATION
On January 29, 2010, the District as Principal Permittee, the County ( unincorporated areas), and the incorporated cities in the County within the Santa Ana River watershed, obtained its fourth area -wide National Pollutant Discharge Elimination System ( NPDES) Permit ( Permit), Order No. 06/ 28/ 11 # 94
-30-

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)

STORMWATER PERMIT IMPLEMENTATION AGREEMENT, SANTA ANA
REGION
JUNE 28, 2011
PAGE 3 OF 4
R8- 2010- 0036, NPDES No. CAS 618036. Under the requirements of the Permit, the CoPermittees and the Principal Permittee are required to enter into an implementation agreement.

There is an existing implementation agreement, which was approved by the Board of Supervisors on May 4, 1992 ( Item No. 44), after receipt of the initial NPDES Permit ( Order No. 90- 136). It was modified on December 12, 1995 ( Item No. 43) during the first term of that initial Permit.

Since approval of the existing agreement there have been a number of regulatory and programmatic changes, including the issuance of three additional NPDES Permits ( Orders 96-32, R8- 2002- 0012, and the new Permit, R8- 2010- 0036).

The San Bernardino County Stormwater Program Management Committee ( Management Committee), comprised of designated representatives from each Permittee agency, has developed this revised Implementation Agreement to reflect the current regulatory and programmatic structure. The final draft of the revised Implementation Agreement was endorsed by the Stormwater Program Management Committee on July 13, 2010, after extensive input from the Permittees' respective legal counsels. All Permittee agencies have executed the Implementation Agreement in advance of the County and the District.

The Implementation Agreement specifies the District' s role in coordinating and implementing area -wide program activities. As the Principal Permittee, the District serves as the lead administrator of the area -wide program activities on behalf of the Co- Permittees. The County and the sixteen incorporated cities within the Santa Ana watershed are designated as Co- Permittees within the Agreement. As a Co- Permittee, the County is expected to submit necessary compliance deliverables to the District in a complete and timely manner and participate in area - wide program activities.

Approval of this item will approve, on behalf of the District and the County, respectively, the NPDES Stormwater Permit Implementation Agreement. The term of the Implementation Agreement coincides with the term of the current NPDES Permit ( Order No. R8- 2010- 0036) and shall terminate six months after the Santa Ana Regional Water Quality Control Board approval of the NPDES Permit that follows Order No. R8- 2010- 0036. The current NPDES Permit ( Order No.

R8- 2010- 0036) expires on January 29, 2015.

Approval of this item will also designate the authorized representative of the District and the County to participate on the Implementation Agreement' s Management Committee and represent and vote on Stormwater Management Program budgets and all other program elements required to implement the areawide Municipal Stormwater Management Plan for the duration of the Implementation Agreement.

REVIEW BY OTHERS
This item has been reviewed by County Counsel ( Scott M. Runyan, Deputy County Counsel, 387- 9022) on May 25, 2011, County Counsel ( Charles S. Scolastico, Principal Assistant County Counsel, 387- 5281) on May 25, 2011 and the County Administrative Office ( Beatriz Valdez, Principal Administrative Analyst, 387- 1852) on June 8, 2011. 06/ 28/ 11 # 94
-31-

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)

STORMWATER PERMIT IMPLEMENTATION AGREEMENT, SANTA ANA
REGION
JUNE 28, 2011
PAGE 4 OF 4
06/ 28/ 11 # 94
-32-

SAN BERNARDINO COUNTY

FLOOD CONTROL DISTRICT
and
COUNTY
OF

SAN BERNARDINO
FAS

CONTRACT TRANSMITTAL

FOR OFFICIAL USE ONLY
y New
Change
Vendor Code
SC
Dept.

A
a t er
I,
Dept. Orgn.

Flood Control District
097 097
Contractor' s License No.

Contract Representative Telephone
Gia Kim, Chief, Land Development/ EMD ( 909) 387 - 8145 Total Contract Amount
Contract Type
Revenue II Encumbered Unencumbered Other:

If not encumbered or revenue contract type, provide reason:

Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund
RLF
Dept.
099
Organization
099
1 Appr. Obj/ Rev Source
8842
GRCiPROJJJOB No.
30F01343
Amount
Fund
RLF
Dept.
099
Organization
099
1 Appr. Obj/ Rev Source
9970
GRC/ PROJ/ JOB No.
30F01343
Amount
Fund
RLF
Dept.
099
Organization
099
1 Appr. Obj/ Rev Source
99975
GRC/ PROJ/ JOB No.
30F01343
Amount
Project Name
NPDES Stormwater Permit
Estimated Payment Total by Fisca Year
FY Amount I/ D FY Amount l/D
Implementation Agreement,
Santa Ana Region R s
Order No. R8- 2010- 0036 S R
CONTRACTOR Co- Permittees: Cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa Federal ID No. or Social Security No.

Contractor' s Representative
Address Phone ( )
Nature of Contract: ( Briefly describe the general terms of the contract) As a requirement of the area -wide National Pollutant Discharge Elimination System ( NPDES) Permit, Order No.

R8- 2010- 0036, NPDES No. CAS 618036, dated January 29, 2010 and issued by the California Regional Water Quality Control Board, Santa Ana Region, an Implementation Agreement has to be signed between all the CoPermittees listed in the Permit as well as the Implementation Agreement. This Agreement outlines the responsibilities of each Co- Permittee and funding for the area -wide programs. Funding by each Co- Permittee each fiscal year will vary based on the projected costs for the fiscal year. The Implementation Agreement is made a part of this contract.

Attach this transmittal to all contracts not prepared on the " Standard Contract" for Approved as to Legal Form ( sign in blue ink)
P. See attached signature pages.

Counsel
Date
Reviewed as Contract Co pliance
Date
Pres nte. to Board #or :'. . ture
Date
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Revised 1/ 13/ 09
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1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
2 STORMWATER PERMIT IMPLEMENTATION AGREEMENT
3 SANTA ANA REGION
4 5
6 This AGREEMENT entered into as of this 28th day of June, 2011, by the County of San 7 Bernardino, ( herein called the COUNTY), the San Bernardino County Flood Control District 8 ( herein called the DISTRICT), and the Cities of Big Bear Lake, Chino, Chino Hills, Colton, 9 Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, 10 Redlands, Rialto, San Bernardino, Upland, and Yucaipa ( herein called the CITIES) establishes 11 the responsibilities of each party with respect to compliance with National Pollutant Discharge 12 Elimination System ( NPDES) Stormwater regulations administered by the California Regional 13 Water Quality Control Board, Santa Ana Region ( SARWQCB) by the authority granted by the 14 federal Clean Water Act (CWA) and its 1987 amendments and the Water Quality Act (WQA). 15 16 RECITALS
17 18 Whereas
19 Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342 20 ( p)) to require the federal Environmental Protection Agency ( EPA) to promulgate regulations 21 for applications for permits for stormwater discharges; and 23 Whereas
24 These permit regulations require the control of pollutants from stormwater discharges 25 by requiring a National Pollutant Discharge Elimination System ( NPDES) Permit for the 26 discharge of stormwaters into waters of the United States; and 27 28 Whereas
29 These EPA regulations require NPDES permits for discharges from municipal separate 30 storm sewer systems ( MS4 Permit) on a system -wide or jurisdiction -wide basis; and 31 32 Whereas
33 The State Legislature, in enacting the San Bernardino County Flood Control Act, created 34 the San Bernardino County Flood Control District to provide for the control of flood and storm 35 waters; and
36 37 Whereas
38 The Powers granted to the DISTRICT by the San Bernardino County Flood Control Act 39 include carrying on technical and other investigations, examinations, or tests of all kinds, 40 making measurements, collecting data, and making analyses, studies, and inspections 41 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, 42 waste, and contamination of water both within and without the DISTRICT; and 43 44 Whereas
45 The CITIES, the COUNTY and the DIS 1RICT desire to develop and implement an 46 integrated stormwater discharge management program with the objective of improving water 47 quality in the Santa Ana Watershed portion of San Bernardino County; and AGR - 2010 MS4 Implementation - Final ( 2). doc 1
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48 49 Whereas
50 The California State Water Resources Control Board ( SWRCB) as designee of the EPA 51 has delegated authority to the Regional Water Quality Control Board - Santa Ana Region 52 ( SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits within 53 the boundaries of their Region; and
54 55 Whereas
56 The DISTRICT, COUNTY, and CITIES have been designated as joint permittees 57 ( Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and 58 59 Whereas
60 The DISTRICT has been designated as the Principal Permitee in the MS4 Permit; and 61 62 Whereas
63 The COUNTY and the CITIES have been designated as the Co- permittees in the MS4 64 Permit; and
65 66 Whereas
67 Cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file an 68 application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the 69 DISTRICT; and
70 71 Whereas
72 The Permittees shall establish and maintain a Management Committee to coordinate 73 compliance with MS4 Permit requirements and implement a Stormwater Management Program 74 across all jurisdictions covered by this MS4 Permit; and 75 76 NOW THEREFORE, the parties hereto do mutually agree as follows:
77 78 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file the application for 79 an area -wide storm water permit. The COUNTY, the DISTRICT, and each individual 80 CITY will be a Permittee.
81 82
83 II. Management Committee. The DISTRICT, as Principal Permittee, and COUNTY and 84 CITIES, as Co- permittees, shall support and facilitate compliance with area -wide MS4 85 Permit requirements and implementation of the Stormwater Management Program 86 through the workings of the Management Committee. The responsibilities and structure 87 of this committee shall include:
88 89
90 91 A. The purpose of the Management Committee shall be to develop policies, 92 ( including goals, needs, and priorities) budgets, and implementation 93 strategies and plans for the area -wide Stormwater Management Program 94 to ensure compliance with the MS4 Permit. The Management Committee 2010 PASA Implementation - Final 2
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95 shall evaluate implementation options and strategies and recommend 96 implementation actions to the DISTRICT.
97 98 B. Each Permittee shall designate in writing at least one authorized 99 representative and one alternate to participate on the Management 100 Committee. Management Committee designees and alternates shall be 101 authorized by their respective city council or governing board to cast 102 votes on behalf of their jurisdiction to determine Stormwater 103 Management Program budgets and all other program elements required 104 to implement the areawide Municipal Stormwater Management Plan 105 ( MSWMP).
106
107 C. The Principal Permittee shall serve as the chairperson for the 108 Management Committee.
109
110 D. The Management Committee shall meet at least once each month, except 111 during the month of December.
112
113 E. Ten ( 10) authorized representatives present in person at a scheduled 114 meeting constitute a quorum for the transaction of business of the 115 Management Committee. If a quorum is not present at a scheduled 116 Management Committee meeting, less than a quorum may adjourn the 117 meeting. For all Management Committee actions other than approval of 118 the budget as set forth. in Section VII.C. 1. of this AGREEMENT, a 119 majority vote of the quorum shall decide any question brought before the 120 Management Committee for decision.
121
122 F. The Management Committee shall support Stormwater Management 123 Program implementation by providing guidance to the Principal Permittee 124 with respect to stormwater program administration and approving 125 elements of the area -wide MSWMP.
126
127 G. The Management Committee may establish subcommittees to support 128 the work of the Management Committee. Subcommittees shall include 129 interested members of the Management Committee, and/ or other 130 Permittee staff with necessary expertise. Subcommittees may develop 131 recommendations for Management Committee consideration. Such 132 recommendations require majority approval by members of the 133 subcommittee on a one vote per Permittee basis.
134
135 H. Approval of Management Committee decisions will require a majority 136 vote ofthe authorized representatives or alternates in attendance, on a one 137 vote per Permittee basis. In the event that the Management Committee 138 does not approve a subcommittee recommendation, the item will be 139 directed back to the subcommittee for reconsideration. 2010 MS4 Implementation - Final 3
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140 I. All parties to this AGREEMENT achieve cost savings by working 141 collectively to implement the areawide stormwater program. To 142 maximize these cost savings, the Permittees agree that:
143
144 1. Each authorized representative shall actively participate in at least 145 9 of 11 monthly Management Committee meetings;
146
I47 2. Each Permittee shall actively participate in at least one 148 subcommittee, either through the authorized representative or 149 other authorized designee. Participation will be defined as 150 attendance at fifty percent ( 50%) or more of subcommittee 151 meetings held in a given fiscal year.
152
153
154 III. Principal Permittee Responsibilities.
155
156 The DISTRICT, acting through its Board of Directors, is the Stormwater Program Administrator 157 for purposes of this AGREEMENT. The District shall have administrative responsibilities and 158 shall be reimbursed for its time expended on behalf of the Stormwater Program. These rates 159 include actual hourly rate plus overhead. Materials are to be reimbursed at direct cost. 160
161 The DISTRICT, while acting as administrator, will strive to implement the policies, budget, and 162 required program elements according to the recommendations of the Management Committee. 163 In turn, the Management Committee will work in good faith with the DISTRICT to make 164 reasonable policy, budget and required program element recommendations to the 165 DISTRICT. The Parties recognize and acknowledge, however, that the DISTRICT, as governed 166 by the San Bernardino County Board of Directors, retains final authority regarding the nature 167 and manner in which the recommendations of the Management Committee shall be executed. 168
169 In the event that the DISTRICT proposes to implement an approach different than the one 170 recommended by the Management Committee, the DISTRICT's proposed alternative action 171 shall be communicated to the Management Committee at the next available meeting of the 172 Management Committee. If the Management Committee approves the alternative action, then 173 the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs 174 associated with that alternative action. If, in good faith, the Management Committee does not 175 approve the alternative action, the DISTRICT may implement the alternative action, but the 176 DISTRICT shall be solely responsible for paying the increased costs, if any, resulting from the 177 alternative action. This increased cost shall be measured by the difference between the cost of 178 the alternative action and the estimated cost of the action as reasonably recommended by the 179 Management Committee.
180
181 If the DISTRICT' S proposed alternative implementation action involves an increase in program 182 costs, that alternative implementation action shall not be adopted until such time as each 183 authorized representative of the Management Committee has had 45 days to relay that 184 alternative implementation action to its various governing bodies for approval. CITIES and 185 COUNTY shall have no responsibility for the incremental increase in cost associated with an 2010 MS4 Implementation - Final 4
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186 alternative action that is not approved by the Management Committee after 45 days has passed 187 with the governing bodies failing to approve the alternative implementation action. 188
189
190
191 The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater 192 Management Program contracts and agreements with all consultants, contractors, vendors or 193 other entities as recommended by the Management Committee. 194
195 The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co196 permittees as applicant in preparing and submitting grant proposals, and may act as 197 administrator for any awarded grant funds.
198
199 The DISTRICT, if recommended by the Management Committee, will act on behalf of the 200 Stormwater Program as the contracting party and signatory in joint agreements with other 201 municipal stormwater programs and stakeholders for regional benefits and cooperation. 202
203 As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area -wide 204 MS4 Permit activities and manage the Stormwater Management Program by:
205
206 A. Conducting chemical, biological and bacteriological water quality 207 monitoring on behalf of the areawide program as required by the MS4 208 Permit.
209
210 B. Implementing management programs, monitoring programs, and related 211 plans as required by the MS4 Permit.
212
213 C. Preparing and submitting to the Executive Officer ( SARWQCB) unified 214 reports, plans, and programs necessary to comply with the MS4 Permit. 215
216 D. Coordinating and conducting Management Committee meetings as 217 specified in the MSWMP.
218
219 E. Taking the lead role in initiating and developing area -wide programs and 220 activities necessary to comply with the MS4 Permit. 221
222 P. Participating, as needed, in any subcommittees formed to facilitate MS4 223 Permit requirements.
224
225 G. Providing technical and administrative support and inform the Co226 permittees of the progress of other pertinent municipal programs, pilot 227 projects, research studies, and other information to facilitate 228 implementation of Co- permittees' stormwater program. 229
2010 MS4 Implementation - Final 5
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230 H. Coordinating the implementation of area -wide Stormwater Management 231 Program activities such as a monitoring program, public education, and 232 pollution prevention.
233
234 I. Gathering and disseminating information on the progress of statewide 235 municipal stormwater programs and evaluate the information for 236 potential use in the execution of the MS4 Permit.
237
238 J. Monitoring the implementation of the plans and programs required by 239 the MS4 Permit and determine their effectiveness in attaining water 240 quality standards.
241
242 K. Coordinating with SARWQCB activities pertaining to implementation of 243 the MS4 Permit, including the submittal of all required reports, plans, and 244 programs.
245
246 L. Soliciting and coordinating public input for any major proposed 247 stormwater management programs and implementation plans. 248
249 M. Developing and implementing mechanisms, performance standards, etc., 250 to promote consistent implementation of Best Management Practices 251 among the Permittees.
252
253 N. Cooperating in watershed management programs and regional and/ or 254 statewide monitoring programs.
255
256 IV. Co-permittee Responsibilities. The Co-permittees shall support the Principal Permittee 257 by:
258
259 A. Preparing and submitting to the Principal Permittee in a timely manner 260 all required information necessary to comply with permit reporting 261 requirements. Timely completion of Permittee annual report 262 information is considered meeting the deadline if received on or before 263 September 15th of each reporting year.
264 B. Notifying the Principal Permittee immediately, in writing, of any 265 changes to the designated representative to the Management 266 Committee.
267 C. Reviewing and commenting on all plans, strategies, management 268 programs, and monitoring programs, as developed by the Principal 269 Permittee or a subcommittee of the Management Committee. 270 D. Conducting and/ or coordinating with the Principal Permittee on any 271 surveys or characterizations needed to identify pollutant sources from 272 specific drainage areas.
273
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274 V. Compliance Responsibilities. The DISTRICT, COUNTY and CITIES are individually 275 responsible for implementing all MS4 Permit requirements within their respective 276 jurisdictions. The Management Committee does not assume any responsibility for 277 implementing the Stormwater Management Programs for the Principal Permittee or any 278 other Permittee or for ensuring that the Principal Permittee or the Co- permittees 279 implement programs consistent with the recommendations of the Management 280 Committee.
281
282 VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless 283 the other parties to this AGREEMENT from and against any and all liability and expense 284 arising from any act or omission of the indemnifying party, its authorized officers, 285 employees, agents, and volunteers in connection with the performance of this 286 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal 287 fees, claims, actions, damages, liability, and causes of action for damages of any nature 288 whatsoever; provided, however, that no party shall indemnify another party for that 289 party' s own negligence or willful misconduct.
290 In the event a party, or parties, to this AGREEMENT is/ are found to be comparatively at 291 fault for any claim, action, loss or damage which results from their respective obligations 292 under this AGREEMENT, the party, or parties shall indemnify the other party/ parties to 293 the extent of its/ their comparative fault. Furthermore, if a party attempts to seek 294 recovery from the other for Workers' Compensation benefits paid to an employee, the 295 parties agree that any alleged negligence of the employee shall not be construed against 296 the employer of that employee.
297 The parties to this AGREEMENT are authorized self -insured public entities for purposes 298 of Professional Liability, Automobile Liability, General Liability, and Workers' 299 Compensation and warrant that through their programs of self-insurance, they have 300 adequate coverage or resources to protect against liabilities arising out of their 301 performance under this Agreement.
302
303
304
305
306 VII. Program Costs. The responsibilities for payment of all shared costs of equipment, 307 services, contracted analytical services, and the cost of implementing the MS4 Permit, 308 shall be distributed among the DISTRICT, COUNTY, and CITIES as follows:
309
310 A. The DISTRICT shall contribute 5% of the annual Program Costs; the other 311 Permittees shall be responsible for the remaining 95% of the Program 312 Costs.
313
314 B. The annual budget shall separate program costs into four Program Areas:
315
316 1. Monitoring, which shall include any water quality and 317 hydrographic monitoring and laboratory analyses.
318
319 2. Public Education, which shall include all public outreach programs. 320
2010 MS4 Implementation - Flnal 7
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321 3. Program Management & Regulatory Activities, which includes 322 administrative, reporting and regulatory activities. 323
324 4. Training, which addresses any training conducted to implement 325 the stormwater management program.
326
327 C. The Principal Permittee shall prepare and implement an annual operating 328 budget with the participation of the Permittees. The budget year shall 329 coincide with the fiscal year of the DISTRICT, July 1 - June 30. 330
331 1. The Principal Permittee will forward the annual operating budget 332 for the forthcoming year to the Co- permittees for review and 333 approval. The review period shall be from the first business day of 334 November to the first business day of December of each year. 335 During the review period, the Co- permittees may provide written 336 comments on the budget to the Principal Pennittee. The Fiscal 337 Subcommittee will review the comments on the budget and 338 endorse a draft budget for Management Committee approval. The 339 Management Committee will consider the draft budget for 340 approval at the January meeting. An affirmative response from a 341 majority of the total number of authorized representatives or 342 authorized alternates is required for approval.
343
344 D. For Fiscal Year 2010/ 11, the Permittees cost share shall be as follows:
2010 MS4 Implementation - Final

PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1. 98
Chino 4. 59
Chino Hills 5. 08
Colton 3. 48
Fontana 7. 45
Grand Terrace 0. 80
Highland 2. 21
Loma Linda 1. 36
Montclair 2. 19
Ontario 11. 99
Rancho Cucamonga 9. 81
Redlands 4. 84
Rialto 5. 58
San Bernardino 12. 13
Upland 5. 05
8 -41-

PERMITTEE PERCENTAGE SHARE
Yucaipa 3. 42
County 13. 04
District 5. 00
TOTAL 100
345
346 E. For Fiscal Year 2011/ 12, and all subsequent fiscal years the Permittees 347 cost share shall be determined annually according to the methodology 348 provided in Appendix A.
349 F. For Fiscal Year 2011/ 12, and all subsequent fiscal years, the Permittees 350 annual cost share shall be calculated by November 1 of each year and 351 shall be included in the annual budget proposal.
352 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual 353 deposit after July 1, the start of the fiscal year. Each CITY and the 354 COUNTY shall pay the deposit within 30 days of the date of the invoice. 355 Each CITY' s and the COUNTY' s deposit shall be based on their prorated 356 share of the approved annual budget, reduced for any surplus identified 357 in the prior fiscal year-end accounting.
358 H. The DISTRICT shall make reasonable efforts to inform the Management 359 Committee during the fiscal year of potential exceedances of the approved 360 budget that may require the Parties to increase the deposits. If at any time 361 during a fiscal year the program costs exceed the sum of the deposits, the 362 DISTRICT shall submit invoices to the CITIES and the COUNTY to 363 recover the deficit. The share for each CITY and the COUNTY shall be 364 prorated according to the formula above ( see Paragraphs D and E of this 365 Section). Each CITY and COUNTY shall pay the invoice within 30 days of 366 the billing date.
367
368 I. The DISTRICT shall prepare a fiscal year end accounting at the end of 369 each fiscal year and distribute copies to the Permittees for their review by 370 October 31 of that year. Permittees shall have 30 calendar days from the 371 date of their receipt of the fiscal year end accounting to dispute in writing 372 or concur with the findings. If the fiscal year end accounting results in 373 costs exceeding the sum of the deposits ( including interest earnings), the 374 DISTRICT shall invoice each CITY and the COUNTY for its prorated 375 share of the excess cost. Each CITY and the COUNTY shall pay the billing 376 within 30 days of the date of the invoice. If the fiscal year end accounting 377 results in the sum of the deposits ( including interest earnings) exceeding 2010 MS4 Implementation - Final 9
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378 costs, the excess deposits will carry forward to reduce the billings for the 379 following year.
380
381 J. Upon termination of the program, a final accounting shall be performed 382 by the DISTRICT. If costs exceed the sum of the deposits ( including 383 interest earnings), the DISTRICT shall invoice each CITY and the 384 COUNTY for its prorated share of the excess. Each CITY and the 385 COUNTY shall pay the invoice within 30 days of the date of the invoice. 386 If the sum of the deposits ( including interest earnings) exceeds the costs, 387 the DISTRICT shall reimburse to each CITY and the COUNTY its 388 prorated share of the excess ( including any interest earnings remaining), 389 within 30 days of the final accounting.
390
391 K. Each CITY and the COUNTY shall bear the financial responsibility for 392 implementing the program within its jurisdictional boundaries, including 393 any applicable MS4 permit fees, as outlined in Section V . 394
395 L. The annual administrative costs ( includes actual hourly rate plus 396 overhead) incurred by the DISTRICT shall be included in the budget for 397 the Areawide Program Costs and paid according to this Section, Section 398 III and Appendix A.
399
400 M. The financial responsibility for this AGREEMENT will be effective on the 401 date this AGREEMENT takes effect.
402
403 VIII. Term of the AGREEMENT. The term of the AGREEMENT coincides with the term of 404 the current MS4 Permit ( Order No. R8- 2010- 0036). The renewal process of the 405 Implementation Agreement shall begin at the same time as the initiation of the Report of 406 Waste Discharge renewal and shall be completed within 6 months from the SARWQCB 407 approval date of the MS4 Permit that follows Order No. R8- 2010-0036. This 408 AGREEMENT shall therefore take effect on the date it is approved by all parties and 409 shall terminate 6 months after SARWQCB approval of the MS4 Permit that follows 410 Order No. R8- 2010- 0036.
411 IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San 412 Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the 413 provisions in this funding agreement and shall sign this AGREEMENT prior to being 414 included in the permit. The date of initiation, for determining participant costs for any 415 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit 416 issued by SARWQCB. The cost for adding any additional Permittee to the program, 417 including additional permit and processing fees, shall be paid by the added Permittee. 418 Monies, if any, to be reimbursed to the existing Permittees shall be credited to their 419 respective annual program operating fees for the following budget year. 420
421 X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this 422 AGREEMENT at the end of any fiscal year with written notice being received by the 423 DISTRICT 90 days prior to the end of the fiscal year. A withdrawing Permittee will not 424 be allowed refunds for tasks, projects or studies already underway in which funds have 2010 MS4 Implementation - Final 10
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425 been obligated for the fiscal year. Upon completion of tasks, projects or studies 426 undertaken or on -going, if any funds are not expended, a refund of the share of the 427 balance shall be paid within sixty ( 60) days thereafter to the withdrawing Permittee. 428
429 The withdrawing Permittee shall be responsible for all assessed penalties as a 430 consequence of withdrawal. The cost allocations to the remaining members will be 431 calculated in the following budget year.
432
433 XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the 434 agreement. If a breach is not cured within ninety ( 90) days after receiving a notice to 435 cure the breach by a permittee, permittee in breach may be terminated from this 436 AGREEMENT by a majority vote of the Management Committee. 437
438 XII. Non-compliance with MS4 Permit Requirements. Any Permittee found in non439 compliance with the conditions of the MS4 Permit within their jurisdictional 440 responsibilities shall be solely liable for any assessed penalties, pursuant to Section 441 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed 442 according to the formula in Appendix A.
443
444 XIII. Legal Action/ Costs/ Attorney Fees. Where any legal action is necessary to declare any 445 party' s rights hereunder or enforce any provision hereof for any damages by reason of 446 an alleged breach of any provisions of this AGREEMENT, each party shall bear its own 447 attorney' s fees and costs incurred in conjunction with such legal action regardless of 448 who is found to be the prevailing party. This section shall not apply to those costs and 449 attorney' s fees arising from any third party legal action against a party hereto and 450 payable under Section VI, Indemnification and Insurance. 451
452 XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent to 453 a two-thirds majority of the Permittees ( rounded to the nearest whole number). 454 Amendments to this AGREEMENT may be adopted and executed concurrently, and 455 shall become effective upon its execution by a majority of the Permittees as defined 456 above.
457
458 XV. Authorized Signatories: Each Permittee will determine by either resolution or ordinance 459 who will be the authorized signatory. This person shall be authorized to execute the 460 application( s) for MS4 Permit( s) and take all other procedural steps necessary to file the 461 application( s) for MS4 Permits.
462
463 XVI. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) working 464 days after deposit in the U.S. Mail, certified mail, return receipt requested. 465
466 XVII. Governing Law. This AGREEMENT will be governed and construed in accordance with 467 laws of the State of California. If any provision or provisions of this AGREEMENT shall 468 be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of 469 the remaining provisions shall not in any way be affected or impaired hereby. Any legal 470 action which arises out of or is in any way related to this AGREEMENT shall be brought 471 in the Superior Court of the County of San Bernardino. 2010 MS4 Implementation - final 11
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472
473 XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived 474 and no breach excused, unless such waiver or consent shall be in writing and signed by 475 any Permittee to have waived or consented. Any consent by any Permittee to, or waiver 476 of, a breach by the other whether expressed or implied, shall not constitute a consent to, 477 waiver of, or excuse for any other different or subsequent breach. 478
479 XIX, American Recovery and Reinvestment Act of 2009 (" ARRA"). DISTRICT, while acting 480 as the Stormwater Program Administrator, shall include in any contract funded in 481 whole, or in part, by ARRA provisions that substantially conform to the following:
482
483 A. Use of ARRA Funds and Requirements. This Contract may be funded in 484 whole or in part with funds provided by the American Recovery and 485 Reinvestment Act of 2009 (" ARRA"), signed into law on February 17, 486 2009. Section 1605 of ARRA prohibits the use of recovery funds for a 487 project for the construction, alteration, maintenance or repair of a public 488 building or public work ( both as defined in 2 CFR 176. 140) unless all of 489 the iron, steel and manufactured goods ( as defined in 2 CFR 176.140) 490 used in the project are produced in the United States. A waiver is 491 available under three Limited circumstances: ( i) Iron, steel or relevant 492 manufactured goods are not produced in the United States in sufficient 493 and reasonable quantities and of a satisfactory quality; (ii) Inclusion of 494 iron, steel or manufactured goods produced in the United States will 495 increase the cost of the overall project by more than 25 percent; or ( iii) 496 Applying the domestic preference would be inconsistent with the public 497 interest. This is referred to as the " Buy American" requirement. Request 498 for a waiver must be made to the DISTRICT for an appropriate 499 determination.
500 Section 1606 of ARRA requires that laborers and mechanics employed by 501 contractors and subcontractors on projects funded directly by or assisted 502 in whole or in part by and through the Federal Government pursuant to 503 ARRA shall be paid wages at rates not less than those prevailing on 504 projects of a character similar in the locality as determined by the 505 Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C. 31). 506 This is referred to as the " wage rate" requirement. 507
508 The above described provisions constitute notice under ARRA of the Buy 509 American and wage rate requirements. Contractor must contact the 510 DISTRICT contact if it has any questions regarding the applicability or 511 implementation of the ARRA Buy American and wage rate requirements. 512 Contractor will also be required to provide detailed information 513 regarding compliance with the Buy American requirements, expenditure 514 of funds and wages paid to employees so that the DISTRICT may fulfill 515 any reporting requirements it has under ARRA. The information may be 516 required as frequently as monthly or quarterly. Contractor agrees to fully 517 cooperate in providing information or documents as requested by the 518 DISTRICT pursuant to this provision. Failure to do so will be deemed a 2010 MS4 Implementation - Final 12
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519 default and may result in the withholding of payments and termination 520 of this Contract.
521 Contractor may also be required to register in the Central Contractor 522 Registration ( CCR) database at http:// www. ccr. gov and may be required 523 to have its subcontractors also register in the same database. Contractor 524 must contact the DISTRICT with any questions regarding registration 525 requirements.
526
527 B. Schedule of Expenditure of Federal Awards. In addition to the 528 requirements described in " Use of ARRA Funds and Requirements," 529 proper accounting and reporting of ARRA expenditures in single audits 530 is required. Contractor agrees to separately identify the expenditures for 531 each grant award funded under ARRA on the Schedule of Expenditures 532 of Federal Awards ( SEFA) and the Data Collection Form ( SF -SAC) 533 required by the Office of Management and Budget Circular A-133, 534 " Audits of States, Local Governments, and Nonprofit Organizations." 535 This identification on the SEFA and SF -SAC shall include the Federal 536 award number, the Catalog of Federal Domestic Assistance ( CFDA) 537 number, and amount such that separate accountability and disclosure is 538 provided for ARRA funds by Federal award number consistent with the 539 recipient reports required by ARRA Section 1512 ( c). 540 In addition, Contractor agrees to separately identify to each subcontractor 541 and document at the time of sub -contract and at the time of disbursement 542 of funds, the Federal award number, any special CFDA number assigned 543 for ARRA purposes, and amount of ARRA funds.
544 Contractor may be required to provide detailed information regarding 545 expenditures so that the DISTRICT may fulfill any reporting 546 requirements under ARRA described in this section. The information 547 may be required as frequently as monthly or quarterly. Contractor agrees 548 to fully cooperate in providing information or documents as requested by 549 the DISTRICT pursuant to this provision. Failure to do so will be deemed 550 a default and may result in the withholding of payments and termination 551 of this Contract.
552
553
554 XX. Applicability of Prior Agreements. This document constitutes the entire AGREEMENT 555 between the Permittees with respect to the subject matter; all prior agreements, 556 representation, statements, negotiations, and undertakings are superseded hereby. 557
558 XXI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart 559 and the signed counterparts shall constitute a single instrument. 560
561 XXII. No Separate Entity. This AGREEMENT established a framework for PERMITTEE 562 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to 563 create an entity separate from the local agencies that join in this cooperative effort. 564
2010 MS4 Implementation - Anal 13
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565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 566 above written.
567
568 EACH PERMITTEE' S SIGNATURE PAGE IS ATTACHED HERETO. 569
2010 MS4 Implementation - Final 14
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NPDES Stormwater Implementation Agreement - Santa Ana Region IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first above written.

SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
Imar„)
duiretriimiepo
Josie Gonzales, Chair"`':-; - re- • or
Dated 2 8 2011

SIGNED AND CERTIFIED THAT A COPY

THIS DOCUMENT HAS BEEN DE ED TO

THE CHAIRMAN OF THE B
a H. Welch, Secretary
Deputy

SIGNED AN

THIS DOC
TO THE
LAURA
Clerk of

APPROVED AS TO LEGAL FORM

JEAN RENE BASLE
County Counsel
By:

CH,ptRLLE SCOLASTICO
Pra'ncipal Assistant County Counsel
Date: C - (/
-48-
NPDES Stormwater Implementation Agreement — Santa Ana Region IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first above written.

COUNTY OF SAN BERNARDINO
Dated: JUN 2 S 2011

SIGNED AND CERTIFIED THAT A COPY OF

THIS DOCUMENT HAS BEEN DELIVERED TO

THE CHAIRMAN OF THE BOARD
Laur ;.,, ro•:_.- ch
of Supervisors
Bernardino

APPROVED AS TO LEGAL FORM

JEAN RENE BASLE
County Counsel
By:

SCOTT M. RUNYAN
Deputy County Counsel
Date: S — 5
-49-
IN WITNESS WHEREOF, the City of Chino has executed this agreement in Chino, California, On Nitember ' 1 , 2010.

CITY OF CHINO:

Date: to
Attest:

By:

City Cle
Date: l)-' IL.• It)
Approved as to Content:

By:

Dj ' ctorofPublic Works
Date: ire- -7. - Zc, 4(`
Approved as ,to Form:

By:

Ayaf• City tttorney
Date: 12-102.)10
San Bernardino County Stormwater Program
National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement, Santa Ana Region NPDES No. CAS618036, Order No. R8- 2010- 0036 -50-
IN WITNESS WHEREOF, the Agreement has been executed this 14fh day of December, 2010.

CITY OF CHINO HILLS:

By:

ED GRAHAM, MAYOR
ATTEST:
l7,
MARY/ M. Mc R UFFEE, CITY CLI
APPROVEI~} AS TO FORM:

MARK
072297
-51-
572 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 573 above written.
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
City Manager
ATTEST:

EILEEN C GOMEZ
City Clerk
-52-
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 566 above written.
567
568
569
CITY OF FONTANA, a California municipal
corporation
By:
kenneth R. Hunt, City Manager
Dated:

ATTEST:

By: r/.'
Tonia Lewis, City Clerk
ATTEST AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
By:

PDFConvert. 1343. 1. Agreement- I mplmentetion_ Final_( 2). doc 14 -53-
IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the dates set out.

Executed this 9th Day of November, 2010.

By:

Maryetta Ferre
Mayor
City of Grand Terrace
Attest: e
Brenda Mesa
City Clerk
-54-
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 566 above written.
567
568
569 Executed this /
6 day of February, 2011.
570
571
572
573 ayo
574
575
576
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578
579tLi GCI t580 Eliza e h Hughes, CM
581 City erk
582 Cl+y o-C' Nigk anti
AT l'.EST:

June 8 2010 MS4 tmplmentation Draft Final — dean 14
-55-
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 566 above written.
567
568 PLEASE INSERT YOUR AGENCY' S STANDARD SIGNATURE PAGE. 569
Approved the l2th day of April 2011.

ATTEST:

Pamela Byrnes O' Camb
City Clerk
June 8 2010 MS4 ImplmentatIon Draft Final-- dean. dac 14

CITY OF LOMA LINDA
Rhodes Rigsby, Mayor
-56-
59 XX. Applicability of Prior Agreements. This document constitutes the entire AGREE60 MENT between the Pernnittees with respect to the subject mat -ter; all prior agreements, 61 representation, statements, negotiations, and undertakings are superseded hereby. 62 XXI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart 63 and the signed counterparts shall constitute a single instrument. 64 XXII. No Separate Entity. This AGREEMENT established a framework for PERMITTEE 65 cooperation on stormwater issues. Nothing in this AGREEMENT shall be construed 66 to create an entity separate from the local agencies that join in this cooperative effort. 67 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 68 above written.
69 DISTRICT
70 SAN BERNARDINO COUNTY
71 FLOOD CONTROL DISTRICT
CTTY

CITY OF MONTCLAIR
72 By i'1`''• 1)71
73111111111W- Paul M. Eaton, Mayor
74 Date JUN 2 8 2011 Date
75 RECOMMENDED FOR APPROVAL: ATTE T:
76 77
78 79 Date F4 1)
80 81
82 of Redevelopment/ Donna M. 1ackser , City Clerk
Public Works
APPROVED AS TO F3RM
Date
13 Diane E. Robbins, City Attorney
-57-
In Witness Whereof, the Agreement has been executed as ofthe day and year first above written.

Executed this 21St day of December 2010.

CITY OF ONTARIO
By:

Attest:

By:
is Hui, es
City Manager
cL
Ass- . City Clerk
Approved as to Form:

By:

John E. Brown
Best Best & Krieger LLP
City Attorney
-58-
IN WITNESS WHEREOF, the undersigned have executed this National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement, Santa Ana Region, as of the dates set out.

Executed this 15th day of December, 2010.

CITY"

THE CITY OF RANCHO CUCAMONGA,
a municipal corporation
By:

L. Dennis Michael, Mayor
Attest:
nice C. Reynolds, City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
By: /% z9,7i
Jiffies Markman, City Attorney
-59-
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 566 above written.
567
568
569 CITY OF REDLANDS
570
571
572
573 Pete Aguilar, Mayor
574
575
576
577
578 Attest:
579
580
581
582
ri
Sam Irwin, City-berk
MS4Irnpimentegan Oren Flnat-- dean 14
-60-
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 566 above written.
567
568

CITY OF RIALTO
By:

Attest:

By:

Graceargas Mayor
Barbara
McGee City
Clerk Approved
ast By:

Recoi
By:

AhmaAnsari,
P. E. Public Works
Director/ City Engineer Form: imm
j'
1 MS4 Imptmentaeo
Agreement214
-61-
2011- 36

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

STORMWATER PERMIT IMPLEMENTATION AGREEMENT
SANTA ANA REGION.

IN WITNESS WHEREOF, the Agreement has been executed as of the day and year first above written.

ATTEST: CITY OF SAN BERNARDINO, a
Municipal Corporation
L.

Rachel` Clark, City Clerk
Approved as to form:

James F. Penman
City Attorney
By:
r I
harles E. McNeely, City Manager
-62-
563 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 564 above written.
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
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June B. 2010 MS4 2010 MS4_ rnplemertation[ 1) 14

CITY OF UPLAND
Steph Dunn, Acting City Manager
Attest:

Stephanie Mendenhall, City Clerk
Approved As to Form:

William P. Curley III, City Attorney
-63-
IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT BY:

ATTEST:

APPROVED AS TO FORM:

Best, Best & Krieger
City Attorneys
Liz °
e/14't
is, Mayor
City e
C;+ i9 Bear Lice
-64-
Cites of Yucaipa

SIGNATURE PAGE
IN WITNESS WHEREOF, the City and the County of San Bernardino have executed this Agreement the day and year first above written.

City of Yucaipa
Dick Riddell, Mayor
A 1` i'EST:

Jennifer S and,
General S es/ City Clerk
City of Yucaipa
APPROVED AS TO FORM:

City Attorney
City of Yucaipa

APPROVED AS TO
CONTENT:

Greg anklin
Dire for of Administrative
Services
City of Yucaipa
Date
County of San Bernardino
By its Authorized Representatives:
arne "" 111111110r . JUN
2 8 2011 4/
7 Date
Bill Hemsley, Date Director
of Public Works/ City Engineer
-65-
570 APPENDIX A
571
572 A. The DISTRICT shall pay five percent ( 5%) of the total annual cost, and the COUNTY and 573 the remaining Co- permittees, collectively, shall pay the remaining ninety-five percent 574 ( 95%) of the total annual cost pursuant to the formula set forth in Paragraph C, below. 575
576 B. The Permittees total annual cost share is the sum of the individual cost -shares calculated 577 for each Program Cost Area.
578
579 C. The Permittees annual cost share for each Program Cost Area ( PCA;) shall be calculated 580 using three cost factors:
581
582 1. Base, which represents the percentage of the program costs equally applied to all 583 Permittees. The base (B) fraction is calculated as follows:
584
585 B = 1/ N, where N = number of Permittees
586
587 2. Relative Population, which represents the percentage of the program costs based 588 on the relative population of each Permittee. Relative population (RP) of each 589 Permittee shall be calculated annually from annual population estimates issued 590 by the California Department of Finance ( E- 1 Table). 591
592 RP; _ ( P;/ P,otal), where
593
594 RP; = relative population of Permittee ( i)
595 P; = population of Permittee (i)
596 Ptotal = total population for area covered by the area -wide permit 597
598 3. Relative Land Area, which represents the percentage of the program costs based 599 on the relative land area of each Permittee. Relative Land Area (RLA) shall be 600 calculated as follows:
601
602 a. The calculation of relative land area within each Permittee' s jurisdiction 603 shall exclude land under tribal, state or federal jurisdiction, or any land 604 excluded by the State Water Resources Control Board. Any Permittee 605 seeking to exclude lands under this Section shall specifically request that 606 exclusion from the Principal Permittee by providing the request in 607 writing along with necessary documentation no later than October 1 to be 608 considered for inclusion in the next year' s annual budget. The requesting 609 Permittee has the burden of proving entitlement to any exemption so 610 requested.
611
612 b. The method for calculating relative land area shall be determined from 613 the Assessor' s Parcel data provided by the COUNTY Information 614 Services Department.
615
616 RLA; = ( L;/ Ltotai), where
2010 MS4 Implementation - Final 15
-66-
617
618 RLA, = relative land area of Co-permittee (i)
619 L; = land area of Co- permittee ( i), less excluded lands 620 Ltota; = total land area under permit jurisdiction
621
622 D. The Permittee' s cost share for each individual Program Cost Area is based on the 623 relative importance of the cost factors to the Program Cost Area as identified in budget 624 year -specific Tables 1, 2 and 3. The cost share calculation for each Program Cost Area, 625 which will be phased in over a three year period as shown in Tables 1, 2 and 3, is as 626 follows:
627
628 PCA;=[( B* X,* AB) +( RP;* y;* AB) +( RLA;* Z;* AN] 629
630 Where,
631
632 PCA; = Permittee' s cost share for PCA;
633 AB; = Annual budget for PCA;
634
635 B = Base fraction for each Permittee
636 Xi = Percentage apportioned to the base for PCAi
637
638 RP; = Relative population of Permittee(;)
639 Y; = Percentage apportioned to relative population for PCA; 640
641 RLA; = Relative land area of the Permittee(;)
642 Z; = Percentage apportioned to relative land are for PCA; 643
644 E. The Permittee' s total annual cost share shall be calculated by summing the cost shares 645
646
647
648
calculated for each individual Program Cost Area:

Permittee' s annual cost share = PCA1 + PCA2 + PCA3 + PCA4 Table 1. Budget Year [ DATE]
Program Cost Areas ( PCA;)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Base
Xi)
Relative
Population
Yi)
Relative
Land Area
Zi)
Monitoring ( PCA2) 10 % 30% 60%
Public Education ( PCA2) 10% 80% 10%
Program Management &
Regulatory Activities (PCA3)
30% 50% 20%
Training ( PCA4) 30% 60% 10%
MO MS4 Implementation - Final 16
-67-
649
2010 MS4 Implementation - Final 17
-68-
APPENDIX A:

PARTY CONTACT INFORMATION
Name and Address of Party and Counsel
San Bernardino County
Jonathan Dillon, Jonathan. Dillon@dpw. sbcounty. gov
Elias Severo, esevero(a dpw.sbcounty.gov
825 East Third Street
San Bernardino, CA 92415
San Bernardino County Flood Control District
Arlene B. Chun, Arlene. Chun@dpw. sbcounty. gov
Anthony Pham, Anthony.Pham@dpw. sbcounty. gov
Chris Bland, Christopher. Bland@dpw. sbcounty. gov
825 East Third Street
San Bernardino, CA 92415
Meyers, Nave
Gregory J. Newmark, gnewmark@meyersnave. com
Viviana L. Heger, vheger@meyersnave. com
707 Wilshire Blvd., 24th Floor
Los Angeles, CA 90017
San Bernardino County Counsel
Sophie Akins, [email protected]
385 North Arrowhead Avenue, 4th Floor
San Bernardino, CA 92415
City of Big Bear Lake
Lynn Merrill, LCMUPLAND@aol. com
P. O. Box 10000
Big Bear Lake, CA 92315
insert City Attorney]
Telephone and Facsimile
909) 387- 8109
909) 387- 8109
909) 387- 0305 facsimile
909) 387- 8109
909) 387- 8109
909) 387- 8109
909) 387- 0305 facsimile
213) 626- 2906
213) 626- 0215 facsimile
909) 387- 5001
951) 217- 1201 ( mobile)
insert] facsimile
-69-
Name and Address of Party and Counsel
City of Chino
Ruben Valdez, rvaldez(a,cityofchino. org
Nathan Marlinski, nmarlinski(a,cityofchino. org
13220 Central Ave.

Chino, CA 91710
insert City Attorney]
City of Chino Hills
Nisha Wells, nwells@chinohills. org
Andy Zummo, azummo@chinohills. org
14000 City Center Drive
Chino Hills, CA 91709
insert City Attorney]
City of Colton
Moises Peralta, [email protected]
Tanya Garcia, tgarciancoltonca.gov
160 S. 10th Street
Colton, CA 92324
insert City Attorney]
Telephone and Facsimile
909) 334- 3423
909) 334- 3345
909) 334- 3724 facsimile
909) 364- 2835
909) 364- 2792
insert ] facsimile
909) 370- 5065
909) 370- 5065
909) 370- 6104 facsimile
2 -70-
City of Fontana
Abigail Gomez, agomez@fontana. org
Edwin Alonzo, ealonzo@fontana. org
8353 Sierra Ave.

Fontana, CA 92335
insert City Attorney]
City of Grand Terrace
Lynn Merrill, LCMUPLAND@aol. com
Robert Eisenbeisz, reisenbeisz@grandterrace- ca.gov
22795 Barton Road
Grand Terrace, CA 92314
insert City Attorney]
City of Highland
Melissa Morgan, [email protected]
Carlos Florez, [email protected]
27215 East Base Line
Highland, CA 92346
Maricela E. Marroquin, mmarroquin@rwglaw. com

RICHARDS WATSON GERSHON
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
T: 213. 626. 8484
D: 213. 253. 0270
F: 213. 626. 0078
City of Loma Linda
T. Jarb Thaipejr, [email protected]
Jeff Peterson, [email protected]
25541 Barton Road
Loma Linda, CA 92354
insert City Attorney]
909) 350- 6772
909) 428- 8819
insert] facsimile
951) 217- 1201 ( mobile)
909) 824- 6621, ext. 251
insert] facsimile
909) 864- 8732 x230
909) 864- 6861 x271
909) 862- 3180 facsimile
909) 799- 4407
909) 799- 4407
909) 799- 2891 facsimile
3 -71-
City of Montclair
Steve Stanton, sstanton@cityofmontclair. org
Samantha Conteras, scontreras@cityofmontclair. org
P. O. Box 2308
Montclair, CA 91763
insert City Attorney]
City of Ontario
Alicia Espinoza, tspinoza@ontarioca. gov
Nathan Pino, npino@ontarioca. gov
Raymond Lee, rlee@ontarioca. gov
303 East B Street
Ontario, CA 91764
insert City Attorney]
City of Rancho Cucamonga
Linda Ceballos, linda. ceballos@cityofrc. us
Scott Rapp, scott. rapp@cityofrc. us
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
insert City Attorney]
City of Redlands
Aaron Ares, aares@cityofredlands. org
P. O. Box 3005
Redlands, CA 92373
insert City Attorney]
909) 625- 9444
909) 625- 9447
insert ] facsimile
909) 395- 2188
909) 395- 2389
909) 395- 2104
909) 395- 2122 facsimile
909) 774- 4060
909) 774- 4064
909) 477- 2746 facsimile
909) 798- 7597 x5
909) 798- 7670 facsimile
4 -72-
City of Rialto
Melanie Sotelo, msotelo@cascinc. com
Joe Rosales, jrosales@cascinc. com
Office: 1470 East Cooley Drive, Colton, CA 92324
City: 355 West Rialto Avenue, Rialto, CA 92376
insert City Attorney]
City of San Bernardino
Ken Watson, watson ke@sbcity. org
Susan Pan, Pan Su@sbcity. org
290 North " D" Street
San Bernardino, CA 92410
insert City Attorney]
City of Upland
Nicole deMoet, ndemoet@ci. upland. ca.us
Julian Chang, jchang@ci. upland. ca.us
P.O. Box 460
406 N. Euclid Ave.

Upland, CA 91785
insert City Attorney]
City of Yucaipa
Katrina Kunkel, kkkunkel@yucaipa. org
Fermin Preciado, [email protected]
34272 Yucaipa Blvd.

Yucaipa, CA 92399
insert City Attorney]
909) 835- 0313 ( mobile)
909) 241- 6212 ( mobile)
insert] facsimile
909) 384- 5154
909) 384- 5225
909) 384- 5080 facsimile
909) 291- 2970
909) 291- 2941
909) 291- 2774 facsimile
909) 797- 2489 x255
909) 797- 2489 x240
909) 790- 9203 facsimile
5050303. 1
5 -73-

STAFF REPORT

TO THE CITY COUNCIL
DATE: February 22, 2022
FROM: Joseph Hughes, City Manager
PREPARED BY: Carlos Zamano, Public Works Director/City Engineer !., 7i SUBJECT: All American Asphalt Contract Change Order — Pavement Management Program - Sector E Pavement Rehabilitation ( Project str20001) RECOMMENDATION: It is recommended that the City Council authorize contract change orders up to 20% of the original construction contract with All American Asphalt (AAA) for the Pavement Management Program - Sector E Pavement Rehabilitation Project.

FISCAL IMPACT: The original contract amount with AAA was $2, 082, 099. 00. Construction of the project is funded with a combination of Measure I Local Pass-thru, SB- 1 Gas Tax, General Capital Financing ( MOE) and CalRecycle grant funds. The final estimated contract amount is 2, 498, 519. 13 with a $ 416, 420. 13 or 20% increase. Measure I Local Pass- thru funds will be used to cover the increase in the construction contract.

PUBLIC NOTICE: The Notice Inviting Bids was advertised in two newspapers and a number of trade papers.

BACKGROUND: On October 26, 2021, the City awarded a contract to AAA in the amount of 2, 082,099.00 for pavement rehabilitation in Sector E, the last phase of the approved 5-Year Pavement Management Program. This Project consists of the following scope of work:

1. Pavement rehabilitation on 25 street segments approximately 3. 6 miles.

2. Other associated work includes: removal and replacement of damaged concrete sidewalk, cross gutter, and curb and gutter, construction of ADA ramps, grinding raised sidewalk panels, slurry seal, crack repair, crack seal, and installation of pavement striping and marking.

Due to various unforeseen factors, it is necessary to adjust the contract amount to account for the extra work beyond those contained in the original contract scope of work with AAA.

Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City Nranager
-1-
The amount of extra work is $ 416,420. 13 representing a 20% increase from the original contract amount. The various factors that contributed to the extra work are summarized as follows:

1. Manhole Double Adjustment ($ 64, 056. 00 — 3. 08%)
The project plans and specifications called to protect existing storm drain and sewer manholes in place. However due to reconstruction of streets, it was necessary to perform a double adjustment of manholes. First to lower the manholes to perform the Central Cold Plant Recycling operation to remove all existing pavement to a depth of 3- inches. Then raise the manholes after the final rubber asphalt overlay is completed.

2. Completed Quantity Adjustments ($ 26, 883. 13 — 1. 29%) The quantity of some construction items, such as full depth pavement reconstruction, pavement crack seal and repair; and pavement mill have exceeded the quantities in the project plans and specifications.

3. Wet Subgrade ($ 260, 742. 00 — 12. 52%)
During removals of the existing pavement and subgrade, wet subgrade was discovered on Canyon Oak Drive, Sunny Ridge Loop, River Oak Lane and White Oak Lane. The approximate quantity of the wet subgrade that needs to be treated prior to completion of construction is 50, 000 square feet. There are two methods to deal with wet subgrade. The first method is to remove the existing wet or soft subgrade to a depth up to 24-inches, place a layer of geofabric and backfill with aggregate base.

This conventional treatment method is at a cost of $10 per square foot. The second alternative is to remove about 2- inches of wet or soft subgrade, apply measured amounts of portland cement and water if needed that will harden after compaction and curing to form a strong and durable layer. This cement treatment process is at a cost of $2. 61 per square foot. Based on the two options, staff is recommending the cement treatment process to address the unforeseen existing condition. Since construction is only 50% complete, this item includes an advanced contingency to address another 50, 000 square feet of wet subgrade should we encounter this condition in the remainder of the work.

4. Final Quantity Adjustments ($64, 739 — 3. 11 %)
This item is included in case additional wet subgrade is encountered as noted above, and there is other extra work not covered by the contract that is necessary. This

3. 11 % contingency amount is being requested with this item in advance to cover any potential increase of contract cost related to final quantity adjustments.

Staff recommends that the City Council authorize contract change orders up to 20% of the original construction contract with AAA to complete construction of this project.

Attachments: Location Map
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SECTOR E—PAVEMENT REHABILITATION PROJECT LOCATION
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-3-

STAFF REPORT

TO THE CITY COUNCIL
DATE: February 22, 2022
FROM: Joseph Hughes, City Manager
PREPARED BY: Carlos Zamano, Public Works Director/City Engineer SUBJECT: Cooperative Agreement with County of San Bernardino for Pavement Rehabilitation of Pacific Street
t
RECOMMENDATION: It is recommended that the City Council review and consider a Cooperative Agreement between the City and County of San Bernardino ( County) for pavement rehabilitation on Pacific Street between Del Rosa Drive and Sterling Avenue.

FISCAL IMPACT: Potential funding sources for this Agreement is Pavement Impact Fees ( PIF) collected from Burrtec and CalRecycle grant funds. The City' s estimated project share cost is 340, 000. There are sufficient PIF funds to cover the cost for this project. Remaining PIF funds would be used for work identified in the next 5- Year City Wide Pavement Management Program.

PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: The segment of Pacific Street between Del Rosa Drive and Sterling Avenue is shared between the City (south half) and County ( north half). The County is in the planning stages of a new roadway rehabilitation project for Pumalo Street, Date Street and Pacific Street, see attached location map. The County has asked if the City is interested in a joint project with the County for this segment of Pacific Street. The City' s estimated project cost share is $ 340, 000.

In April of 2011, the City completed a joint pavement rehabilitation project of approximately 2 miles of Pacific Street from Perris Hills Road to Victoria Avenue. This project was located within 3 jurisdictions:

City of Highland, City of San Bernardino and County of San Bernardino. Highland was the lead agency responsible for design, construction and administration of the project. Construction consisted of pulverizing existing asphalt concrete, cold -in -place recycling and asphalt rubber overly. Over the past nearly 11 years, the pavement on this segment of Pacific Street has deteriorated faster than expected in large part due to the large amount of tributary runoff that is conveyed and collected on Pacific Street through various catch basins.

Staff has inspected the segment of Pacific Street from Del Rosa Drive to Sterling Avenue and agrees Approved Motion Second Agenda Item No.

Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk / City Manager
-1-
with the County that additional pavement rehabilitation is needed. Staff recommends that the City Council agree to participate in this joint project with the County where they would be responsible for the design, construction and administration of the project. If agreed to move this project forward, a Cooperative Agreement between the City and County for pavement rehabilitation on Pacific Street between Del Rosa Drive and Sterling Avenue would be placed on the City Council agenda at the March 8th, 2022 meeting for approval.

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-3-

STAFF REPORT
DATE:

FROM:

PREPARED BY:

SUBJECT:

RECOMMENDATION:

FISCAL IMPACT:

TO THE CITY COUNCIL
February 22, 2022
Joseph A. Hughes, City Manager
Betty Hughes, MMC, City Clerk
City Selection Committee Election —
Chair and Vice Chair for the City Selection Committee and Primary Member and Alternate Member for San Bernardino County Local Agency Formation Commission ( LAFCO)
That the City Council Review the Candidates for Consideration and Advise the Mayor.

None
PUBLIC NOTICE: No public hearing notice is required. The agenda for this item was posted at the three locations per Resolution No. 2011- 047 and on the City' s website.

BACKGROUND: The City Selection Committee is scheduled to meet on March 2, 2022, at 11: 30 a. m., via teleconference, following the San Bernardino County Transportation Authority SBCTA) Board of Directors meeting. At the meeting, Committee members will elect a Chair and Vice Chair for the City Selection Committee, as well as Primary and Alternate city members to serve on the San Bernardino County Local Agency Formation Commission ( LAFCO).

The Clerk of the Board has received documents from the following individuals interested in the City Primary Member position:

Damon L. Alexander, City of San Bernardino
Phil Dupper, City of Loma Linda
Candidate materials are attached for your information and review.

Approved Motion Second Agenda Item No. /` 7
Denied Ayes
Continued Noes File No.

Tabled Abstain
Absent
City Clerk City M
-1-
The voting members of the City Selection Committee are the Mayors of each city/town within San Bernardino County. The Mayor may designate a member of the Council to vote at the meeting by providing that member with written designation signed by the Mayor and filed with the Clerk of the Board of Supervisors.
staffreports/ 2022 staff reports/ 2022 city selection committee lafco. doc -2-
385 North Arrowhead Avenue, Second Floor, San Bernardino, CA 92415- 0130 I Phone: 909. 387. 3841 Fax: 909. 387. 4554

SAN BFRNARDINO
COUNTY
Clerk of the Board
of Supervisors
Lynna Monell
Clerk of the Board of Supervisors
DATE: February 10, 2022
TO: San Bernardino County Mayors, City/Town Managers and City/Town Clerks FROM: Lynna Monell, Clerk of the Board of Supervisors
City Selection Committee Secretary
SUBJECT: City Selection Committee Meeting — Agenda and Candidate Materials The City Selection Committee is scheduled to meet on Wednesday, March 2, 2022, at 11: 30 a. m., via teleconference, immediately following the San Bernardino County Transportation Authority ( SBCTA) Board of Directors meeting. At the meeting, Committee members will elect a Chair and Vice Chair for the City Selection Committee, as well as Primary and Alternate city members to serve on the San Bernardino County Local Agency Formation Commission ( LAFCO).

The Clerk of the Board has received the required documents from the following mayors or council members interested in serving in these positions.

City Selection Committee No candidate statements received.

Chair Nominations will be accepted from the floor.

City Selection Committee No candidate statements received.

Vice Chair Nominations will be accepted from the floor.

Local Agency Formation Commission Damon L. Alexander, City of San Bernardino Primary Member Phil Dupper, City of Loma Linda
Local Agency Formation Commission No candidate statements received.

Alternate Member Nominations will be accepted from the floor.

Candidate materials, along with an agenda for the upcoming meeting and minutes from the March 3, 2021 City Selection Committee Meeting, are attached for your information and review.

BOARD (.) F SUPERVISORS
Coi...PAUL COOK ( RH.) J. NtcE Ru' rnE•.RFoRD DA\ vN P. m' h CURT I -I v; MAN Joi: BACA, JR.

First District Second District Vice Chair,' fhird District Chairman, Fourth District Fifth District -3-
City Selection Committee Meeting — Agenda and Candidate Materials February 10, 2022
PAGE 2 of 2
In accordance with the Rules and Regulations of the City Selection Committee, it is requested that each City Clerk transmit the information to every City Council member.

PLEASE REMEMBER... the voting members of the City Selection Committee are the Mayors of each city within San Bernardino County. The Mayor may designate a member of the Council to vote at the meeting by providing that member with written designation signed by the Mayor and filed with the Clerk of the Board of Supervisors.

We look forward to seeing all Mayors/ Alternates at the March 2, 2022 meeting.

Sincerely,
t. . r .. J ) 1, , e--yam e..L.._--
Lyhna Monell, Clerk of the Board of Supervisors
City Selection Committee Secretary
LM: sik
Attachments: March 2, 2022 Agenda
March 3, 2021 City Selection Committee Minutes
Candidate Materials
cc: Samuel Martinez, LAFCO Executive Officer
Raymond Wolfe, Executive Director, SBCTA
Duane Baker, Deputy Executive Director, SBCTA
Jolena Grider, Deputy County Counsel, County of San Bernardino Marleana Roman, Clerk of the Board, SBCTA
-4-

CITY SELECTION COMMITTEE

IN THE COUNTY OF SAN BERNARDINO
AGENDA
Wednesday, March 2, 2022
11: 30 a. m.

MEETING ACCESSIBLE VIA ZOOM AT:
https:// sbcounty. zoom. us/ i/ 96483365077? pwd= WINmNXdEUkFaSzVQ UzBSTGZGVIQ3Zz09 Meeting ID: 964 8336 5077
Passcode: 138305

TELECONFERENCE
Dial: 1- 669- 900- 6833
Meeting ID: 964 8336 5077
Passcode: 138305
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF AB361 WHICH SUSPENDS CERTAIN REQUIREMENTS OF THE RALPH M. BROWN ACT.

MEMBERS OF THE CITY SELECTION COMMITTEE MAY ATTEND THE MEETING VIA

TELECONFERENCE OF VIDEO CONFERENCE AND WILL PARTICIPATE IN THE MEETING TO THE SAME EXTENT AS IF THEY WERE PRESENT. MEMBERS OF THE PUBLIC MAY WATCH AND PARTICIPATE ELECTRONICALLY IN THE MEETINGS.

The County of San Bernardino is continuing to hold public meetings to conduct essential County business. Pursuant to the Governor' s Executive Order, members of the City Selection Committee may attend the meeting via teleconference or videoconference or phone conference and will participate in the meeting to the same extent as if they were present. Members of the public may participate in the meeting by calling 1- 669- 900- 6833, meeting ID 964 8336 5077, passcode 138305. Please mute phones, until you are called to speak.

I. CALL TO ORDER
Mayor Deborah Robertson, City of Rialto
Chair, City Selection Committee
II. ROLL CALL & DECLARATION OF ALTERNATE VOTING MEMBERS Lynna Monell, San Bernardino County Clerk of the Board of Supervisors Secretary, City Selection Committee
III. ADOPT RESOLUTION TO MAKE CERTAIN FINDINGS AS REQUIRED BY CA GOVT CODE SECTION 54953( E) TO PARTICIPATE IN MEETINGS OF THE CITY SELECTION COMMITTEE VIRTUALLY VIA TELEPHONE.

IV. APPROVAL OF MARCH 3, 2021 MINUTES
V. ELECTION OF CITY SELECTION COMMITTEE CHAIR
Note: No candidate( s) declared; nominations will be taken from the floor.

A. Statement of Candidate( s) ( 3 minutes maximum)
B. Election of City Selection Committee Chair
VI. ELECTION OF CITY SELECTION COMMITTEE VICE CHAIR
Note: No candidate( s) declared; nominations will be taken from the floor.

A. Statement of Candidate( s) ( 3 minutes maximum)
B. Election of City Selection Committee Vice Chair
-5-
VI. ELECTION OF LOCAL AGENCY FORMATION COMMISSION ( LAFCO) PRIMARY MEMBER
Declared Candidate( s): Damon L. Alexander, City of San Bernardino and Phil Dupper, City of Loma Linda
A. Statement of Candidate( s) ( 3 minutes maximum)
B. Election of LAFCO Primary Member
VII. ELECTION OF LOCAL AGENCY FORMATION COMMISSION ( LAFCO) ALTERNATE MEMBER
Note: No candidate( s) declared; nominations will be taken from the floor.

A. Statement of Candidate( s) ( 3 minutes maximum)
B. Election of LAFCO Alternate Member
VII. PUBLIC COMMENT
VIII. ADJOURNMENT
H:\ CITY SELECTION COMMITTEE\ City Selection 2022\ 03- 02- 2022 Meeting\ CSC 2nd Mailing 02- 10-2022\ City Selection Committee - Agenda 03- 02- 2022. doc
-6-

CITY SELECTION COMMITTEE
RESOLUTION NO. 2022- 1

A RESOLUTION OF THE CITY SELECTION COMMITTEE

FINDING THAT MEETING IN PERSON PRESENTS AN IMMINENT RISK TO

THE HEALTH OR SAFETY OF ATTENDEES AS A RESULT
OF THE COVID- 19 STATE OF EMERGENCY
WHEREAS, on March 4, 2020, the Governor proclaimed a State of Emergency to exist in California as a result of the threat of COVID- 19; and
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29- 20, under the provisions of Government Code section 8571, finding that strict compliance with various statutes and regulations specified in that order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of COVID- 19; and
WHEREAS, Executive Order N-29- 20, in part, suspended certain provisions of the Ralph M.

Brown Act (Brown Act) related to participation in meetings via teleconference in order to provide legislative bodies with more flexibility to hold public meetings while maintaining social distancing due to COVID- 19; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N- 08- 21 which, in part, provides that the teleconferencing provisions set forth in Executive Order N-29- 20 expire on September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor signed Assembly Bill 361 into law, amending the Brown Act in order to continue some of the teleconferencing flexibility during a State of Emergency following the expiration of Executive Order N-29- 20 on September 30, 2021; and WHEREAS, in order to utilize the teleconferencing provisions of Assembly Bill 361, there must be a proclaimed State of Emergency and either: ( 1) social distancing measures recommended by State or local officials or ( 2) the legislative body must make certain initial findings; and WHEREAS, to continue to the utilize the teleconferencing provisions of Assembly Bill 361, within 30 days of holding a meeting under the provisions enacted by Assembly Bill 361, the legislative body must make new findings; and
WHEREAS, since the Committee last met, a new strain of COVID- 19 has emerged and is extremely contagious; and
WHEREAS, there is currently a State of Emergency in California pursuant to the Governor' s March 4, 2020, proclamation; and
WHEREAS, due to the ongoing State ofEmergency and the public health threat posed by COVID19, the CITY SELECTION COMMITTEE seeks to make findings, as required by Assembly Bill 361, that as a result of the COVID- 19 State of Emergency, meeting in person would present an imminent risk to the health or safety of meeting attendees; and WHEREAS, the circumstances of the State of Emergency continue to directly impact the ability -7-
of the members of the legislative body and members of the public to meet safely in person; NOW, THEREFORE, BE IT RESOLVED, by the CITY SELECTION COMMITTEE, as follows:

Section 1. The Governor' s State of Emergency Declaration, issued on March 4, 2020, remains active.

Section 2. As a result ofthe March 4, 2020, State of Emergency, meeting in person would present an imminent risk to the health or safety of attendees.

Section 3. The circumstances of the emergency have been considered and the State of Emergency directly impacts the ability of the CITY SELECTION COMMITTEE and members of the public to meet safely in person.

Section 4. This Resolution and the findings contained herein shall apply to all meetings ofthe Committee and all ofthe Standing Sub -Committees ofthe CITY SELECTION COMMITTEE.

The foregoing Resolution was passed and adopted this 2nd day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Chairperson
ATTEST:

Secretary/ Clerk
-8-

MEETING OF THE CITY SELECTION COMMMITTEE

IN THE COUNTY OF SAN BERNARDINO

MINUTES
Wednesday, March 3, 2021
11: 30 a. m.

Via Zoom
I. CALL TO ORDER — The meeting was called to order at 11: 30 a. m. by Mayor Deborah Robertson ( Rialto), Chair of the City Selection Committee.

II. ROLL CALL & DECLARATION OF ALTERNATE VOTING MEMBERS — Lynna Monell, San Bernardino County Clerk of the Board of Supervisors and Secretary of the City Selection Committee ( CSC), conducted roll call and verified a quorum, with 18 of the county' s 24 cities present as follows:

Adelanto
Apple Valley
Barstow
Big Bear Lake
Chino
Chino Hills
Colton
Fontana
Grand Terrace
Hesperia
Highland
Loma Linda
Montclair
Needles
Ontario
Rancho Cucamonga
Redlands
Rialto
San Bernardino
Twentynine Palms
Upland
Victorville
Yucaipa
Yucca Valley
Not present
Mayor Curt Emick
Not present
Mayor David Caretto
Mayor Eunice Ulloa
Council Member Ray Marquez for Mayor Brian Johsz
Mayor Frank J. Navarro
Mayor Acquanetta Warren
Mayor Darcy McNaboe
Mayor Cameron Gregg
Not present
Mayor Phill Dupper
Mayor Javier "John" Dutrey
Not present
Mayor Pro Tem Alan D. Wapner for Mayor Paul S. Leon
Mayor L. Dennis Michael
Mayor Paul Barich
Mayor Deborah Robertson
Mayor John Valdivia
Not present
Not present
Mayor Debra Jones
Council Member David Avila for Mayor Greg Bogh
Council Member Rick Denison for Mayor Merl Abel
III. APPROVAL OF JUNE 3, 2020 MINUTES
On motion by Mayor Frank J. Navarro ( Colton), seconded by Mayor John Valdivia ( San Bernardino), the minutes of the June 3, 2020 City Selection Committee meeting were approved, the roll call vote was as follows:
-9-
Adelanto Not present
Apple Valley — Mayor Curt Emick Abstain
Barstow Not present
Big Bear Lake — Mayor David Caretto Yes
Chino — Mayor Eunice Ulloa Yes
Chino Hills — Council Member Ray Marquez Yes
Colton — Mayor Frank J. Navarro Yes
Fontana — Mayor Acquanetta Warren Yes
Grand Terrace — Mayor Darcy McNaboe Yes
Hesperia — Mayor Cameron Gregg Abstain
Highland Not present
Loma Linda — Mayor Phill Dupper Yes
Montclair — Mayor Javier " John" Dutrey Yes
Needles Not present
Ontario — Mayor Pro Tem Alan D. Wapner Not present
Rancho Cucamonga — Mayor L. Dennis Michael Yes
Redlands — Mayor Paul Barich Yes
Rialto — Mayor Deborah Robertson Yes
San Bernardino — Mayor John Valdivia Yes
Twentynine Palms Not present
Upland Not present
Victorville — Mayor Debra Jones Yes
Yucaipa — Council Member David Avila Abstain
Yucca Valley — Council Member Rick Denison Yes
IV. ELECTION OF CAL ID REMOTE AREA NETWORK ( RAN) BOARD MEMBER Chair Robertson asked Secretary Monell to conduct the election for the CAL ID Remote Area Network ( RAN) Board Member position. Ms. Monell stated that the successful candidate will be the one who receives a majority vote from the cities represented. There were no declared candidates for this position. Chair Robertson called upon Mayor Acquanetta Warren ( Fontana) who gave a brief overview of the CAL ID RAN Board based on her experience in this position for the past four years. Chair Robertson called for nominations from the floor.

Mayor Warren gave her support to Mayor Phill Dupper ( Loma Linda) to serve on this board. There were no other nominations. Chair Robertson gave Mayor Dupper an opportunity to speak on his interest and qualifications for this position. Mayor Dupper indicated that he has knowledge and experience with the Sheriff' s Department, and would be happy to serve on this board.

On motion by Mayor L. Dennis Michael ( Rancho Cucamonga), seconded by Mayor John Valdivia ( San Bernardino), Mayor Phill Dupper was elected to the CAL ID RAN Board Member position for a 4-year term, ending March 2025. The roll call vote was as follows:

Adelanto Not present
Apple Valley — Mayor Curt Emick Yes
Barstow Not present
Big Bear Lake — Mayor David Caretto Yes
Chino — Mayor Eunice Ulloa Yes
Chino Hills — Council Member Ray Marquez Yes
Colton — Mayor Frank J. Navarro Yes
Fontana — Mayor Acquanetta Warren Yes
Minutes of the City Selection Committee, San Bernardino County Meeting of March 3, 2021

Page 2 ends

Highland City CouncilFebruary 22, 2022

Highland City Council
February 22, 2022